In a previous post, we discussed how a process server can make things a little easier for you when it is time to serve divorce summons to your spouse. The process of a divorce is rarely smooth because there are so many emotionally charged issues that need to be addressed. At Prism CourtServe in Naperville, we understand this may describe your situation, and we are here to help. Continue reading to learn some of the most frequently asked questions and answers and call today to get a free quote on our services.
Does It Matter Who Files First?
If both you and your spouse want to begin divorce proceedings, then it doesn’t matter who is the first to file a case. The one who files is known as the plaintiff, and the other party is the defendant. It is good to consider that court costs can be up to $100.00 more for the plaintiff.
What If I Can’t Find the Defendant?
If you have filed a divorce summons, then your spouse needs to be informed of pending legal action. Due diligence means that you are obligated to do everything you can to locate your spouse. You are expected to contact friends, family members, or anyone else who might know where your spouse is. If that doesn’t produce results, then you should conduct a search using social media and email. You can also check with the Post Office to see if they have forwarding information. The Affidavit of Due Diligence includes suggested search sites, and the judge will want to see that you tried as many of these resources as possible.
How Long Does the Process Last?
The length of your divorce case will vary depending on how many issues are unresolved and how much you and your spouse disagree. On average, a divorce case takes approximately one month for the paperwork to be completed and a final court date to be set. If your case cannot be resolved and needs to go to trial, then you are probably looking at a year for everything to be completed.
What If My Spouse Files and I Don’t Want a Divorce?
The state of Illinois allows a spouse to contest the grounds for divorce, but typically, any attempt to halt divorce proceedings is unsuccessful. Illinois does not require the parties to live together even if the divorce could be successfully avoided.
How Do I Choose Grounds?
Grounds of irreconcilable differences are essentially a no-fault basis for divorce. In order to be able to use these grounds, both you and your spouse must be separated for six months, as well as agree to proceed on these grounds by waiving the two-year-waiting period in writing. If your spouse does not agree to waiving the waiting period, then you can proceed with the divorce after two years have passed even if they have not given consent.
Divorce is not an easy process for any of the parties involved. With all of the emotionally charged issues that you and your spouse are dealing with, consider hiring a professional process server to relieve some of the stress. Prism CourtServe in Naperville has the experience to provide the quality service you need. Call today to get a free quote.