Illinois divorce attorney, Illinois family lawyer, Illinois divorce laws,An otherwise forgettable New York divorce case made national news after the judge in the case ruled that the woman seeking a divorce from her husband could serve him with the divorce summons using a private message through Facebook. When the couple split, the man left his residence without leaving a forwarding address. Not only this, but he has no address on file with the Department of Motor Vehicles and is not employed. The only contact the woman has had with her estranged husband is an occasional message via Facebook. Based on this, the judge found that service by Facebook of the divorce summons was the method most likely to apprise him that a divorce petition had been filed and what he needed to do to respond.

Service of Process – The What and the Why

When you initially file a divorce petition, your spouse must be informed of the petition and the date the petition is set for hearing. This is because the law grants your spouse a limited amount of time to respond to your petition and assert any claims he or she may have against you as it pertains to the divorce action. In most circumstances, you pay a service fee so that a process server can deliver a copy of the divorce petition and summons to your spouse in person. This delivery can be made at your spouse’s residence or at his place of employment, or anywhere else he or she may be found.

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Posted on in Divorce Procedure

Illinois divorce attorney, Illinois family lawyer, Illinois divorce laws,Sometimes love does indeed conquer all. Sometimes a divorcing couple decides to give their marriage another chance and wants to put a halt to their divorce case. While a spouse who files for divorce is always free to dismiss the divorce case at any time, this may not always be a wise decision. What happens if you dismiss your divorce case, and what should you consider before putting the brakes on your Illinois divorce?

Dismissing Your Case – How Do You Do it and What Happens Next?

A civil or criminal lawsuit is able to be dismissed by the individual who filed the suit (the petitioner or plaintiff, depending on the type of case) with very few limitations. Usually when a lawsuit is dismissed voluntarily by the person who filed it, the case is dismissed without prejudice. This means that the plaintiff or petitioner is able to refile the case at a later date if he or she chooses. (By contrast, a dismissal with prejudice means that the plaintiff or petitioner cannot refile the lawsuit based upon the same facts – it is very rare for a divorce to be dismissed with prejudice). You cannot “dismiss” a divorce that has already been finalized by the court.

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