How long does the filing spouse have to serve the papers on the responding party after the divorce has been filed?
Lawsuit / Dispute Attorney
Case v. Galesburg Cottage Hospital, 227 Ill.2d 207, 880 N.E.2d 171 (2007) is an important reminder of the need to exercise reasonable diligence in service and to avoid taking action that may be construed as a lack of diligence. The Supreme Court noted that the length of time used to obtain service of process on defendants is only one factor the court is to consider on a Rule 103(b) motion to dismiss, and reiterated that circuit courts are to consider the passage of time in relation to all the other facts and circumstances of the case.
So, the answer to the questions is "a reasonable amount of time" under the Supreme Court Rule 103 (b) and in some cases 7 months has been too long and in others 11 months has been okay.
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