Notifying Your Soon-to-Be Ex-Spouse that You Have Filed for Divorce – The Ins-and-Outs of Summonses in Chicago Divorce Cases
One of the things that Chicago couples and individuals who are seeking a divorce in Chicago may not know is that there are certain important documents that are required to not only be filed with the court, but also served on the other party, in order to initiate a Chicago divorce case. One of these important and required documents is called a “summons,” a legal document that is typically filed and served along with the petition for dissolution of marriage, the formal document that essentially asks the court to initiate the divorce process, and details that the marriage has been “irretrievably broken,” as required by the Illinois Marriage and Dissolution of Marriage Act. But what exactly is a summons, and what happens if this important legal document cannot be served upon your soon-to-be-ex spouse in Chicago? To help individuals in Chicago who are seeking a divorce better understand this critical piece of the Chicago divorce process, we answer that question here.
Summonses – What Are They and Why Do They Matter?
Individuals in Chicago have a right to due process, which is the right to proper notice that a lawsuit has been filed against them in court, and the opportunity to respond to the petitioner’s legal claims. A summons is the legal document that provides that notice to a responding party in a civil lawsuit, by detailing that the lawsuit has been filed, where it has been filed, the time in which the respondent must respond, and that failure to respond may result in a default judgment. Divorce cases in Chicago are no different: a person seeking a divorce in Chicago must not only file the petition for dissolution of marriage and other initiating documents in their case, but they must also file a summons, and serve it along with the other documents in the case to initiate the divorce in court. The consequences for failing to file and serve a summons on your soon-to-be ex-spouse is that the case will not likely proceed in court, and may be dismissed by the judge.
Serving Your Soon-to-Be Ex-Spouse the Summons and Divorce Papers
Serving divorce papers on your soon-to-be ex-spouse may seem quite challenging, especially if you are estranged. If an individual seeking to serve divorce papers on the ex-spouse cannot locate them, there may be alternate methods of service that can be used. If service is successful, and your soon-to-be ex-spouse does not respond, you may be entitled to a default judgment in your case. Accordingly, to ensure proper service, and to protect your legal rights, it is best to speak with an experienced Chicago divorce lawyer about initiating your divorce case before you get started.
The experienced Chicago divorce lawyers at the law firm Arnoux Sharma Standeford, LLC are here to help individuals in Chicago not only initiate their divorce cases, but they fight for their clients’ rights to get the best result possible under Illinois laws. Contact Arnoux Sharma Standeford, LLC and speak to an experienced Chicago divorce lawyer about your case now.
