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

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

Posted

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.

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Posted

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.

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Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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1 comment

Judy A. Goldstein

Judy A. Goldstein

Posted

In Illinois, the case would still be open.

Posted

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.

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Posted

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.

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