How long does a person in IL have to serve another spouse divorce papers once they have filed for a divorce?

Asked almost 4 years ago - Chicago, IL

How long does the filing spouse have to serve the papers on the responding party after the divorce has been filed?

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . 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.

    You may mark this as a Best Answer for the time I took research your question and find the case law answer. Thanks.

  2. Patrick Byron Markey

    Pro

    Contributor Level 12

    Answered . They need to be diligent. Bottom line is that they cannot take much action without having you served.

  3. J. Richard Kulerski

    Contributor Level 20

    Answered . The summons is good for 30 days from its date. If service is sought after that, an alias summons must be issued by the court.

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