Wife filed for divorce 8 months ago but has not served me

Asked about 1 year ago - Chicago, IL

Should I contact her attorney to be served so I can respond? Can I file an appearance with the court to acknowledge the divorce? The case has not been dismissed. There is no default judgement. I moved to another county and we have had no contact, so maybe she doesn't know where to find me?
She has not mentioned that she filed.

Attorney answers (5)

  1. Judy A. Goldstein

    Contributor Level 20

    11

    Lawyers agree

    Answered . You have several choices. You can pick up a copy of the Petition for Dissolution from the clerk of the circuit court and file your Appearance there or you can simply disregard the Petition for now. It is your choice. You should have a lawyer at some point, however.

  2. A J. Williams

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . It doesn't seem to be a priority to either of you. Decide whether you want to go forward at this time, but first, speak with an attorney to see if it is to your advantage to start moving this case forward, or if you should wait.

  3. Joseph Pierce O'Brien

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . She can't start the case unless you have been properly served. If you don't care about getting divorce then you don't really need to do anything at this point. If you want to start the process you can file an appearance and/or contact her lawyer and agree to accept service. You should get a lawyer at that point.

  4. James Anthony Palmisano

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . Since you have not been served with a copy of the summons, you need to do nothing. However, if the divorce is something that you want also, I suggest you contact an attorney who can file his appearance and begin to negiate on your behalf.

  5. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you were in Colorado, the case would no longer exist due to failure to prosecute. I would not even go to the courthouse. Call the clerk of the court to see if you have an open case in the area you live!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,809 answers this week

3,373 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,809 answers this week

3,373 attorneys answering