Married couples separate over time. Often they literally walk away from each other and one spouse files for divorce in a state where the other spouse does not live. This is at best inconvenient for the expatriate spouse and at worst a direct violation of the spouse’s constitutional right to due process.
So what can an out-of-state spouse do if they receive their divorce papers from Illinois?
HOW TO DELIVER LEGAL DOCUMENTS IN ILLINOIS
Illinois regulates who can be legally served. The sheriff is the usual candidate for this role. When the sheriff controls a county with a population of less than two million, the sheriff hires civilian personnel to perform that function. If the county has a larger community, the procedure may be performed by an individual licensed or trained as a private investigator, or by a registered employee of a professional private investigator firm. In this case, a private investigator or clerk can provide the county sheriff with a copy of your license. If the sheriff is not qualified, the county coroner will hear the case. If the county or state has been identified as an interested party, the county attorney will appoint a special counsel as an interested party, and the county attorney will appoint a special counsel.
If a party requests service on an individual over the age of 18, the court may grant that request as long as the individual is not a party to the action. The service can be run in one of four ways; where the server provides services through the sheriff; a detective or litigation service in Illinois; registered mail and in some cases; Publication of the complaint in the local newspaper.
Service through a publication
In certain situations, a publication in the newspaper can take place. These situations may include, but are not limited to, when the defendant has left the state, is in hiding from the service, or cannot be located at an address.
The publication contains the names of all parties, the title of the court, the names of the parties served and the file number.
Time
A party wishing to take a person’s testimony at the oral examination must give reasonable notice in writing to the other parties.
At the request of one of the parties to whom the notification is served, the court may extend or shorten the time limit for proven reasons.