if your spouse is not served within 120 days, your complaint will be dismissed and you will have to start all over. if you cannot get your spouse served within 120 days, you can ask the court to extend the time for service. fill out both; file the declaration with the court, and submit the order to the judge for review. this means someone who is not a party in the case, not interested in the outcome of the case, and who is at least 18 years old. you can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. find out from the department assigned to your case if the judge requires this. you can serve the documents yourself only if the defendant is willing to waive formal service by signing a form and returning it to you. you have to give defendant a copy of the documents, along with a notice and a waiver. all of the forms and detailed instructions are in the packet below: your spouse must be personally served with a copy of the documents.
this means someone neutral and not involved in your case must hand-deliver the documents to the defendant in person. you must do everything you can to locate your spouse and have them served in person. if the judge allows you to serve by alternate service, you will have to send the documents through every method the judge identifies on the order. if you have no contact at all with the defendant and don’t know where to find him/her, the judge expects you to do everything possible to try and find them. you can also check the post office for forwarding information. this is called doing your “due diligence.” the judge will want to see you tried as many avenues as possible to find defendant. if you still cannot find your spouse, you can ask the court for permission to publish the summons in a newspaper instead. you will have to detail all of the efforts you made to find your spouse. the information on this website is not a substitute for legal advice.
while the sheriff’s office cannot offer legal advice, we can provide information about service of process policies and procedures and give advice increase service efficiency. start your service of process at the clerk of the circuit court. find out where to begin by visiting the clerk’s website at / . counter service in the sheriff’s civil process unit office is available in probate cases when the party being served is in agreement and present at the time of filing. if needed, an eviction post card is 50 cents, bringing the total to $60.50. if the appearance of the defendant is required, include the date, time and court information. all summonses, subpoenas and court orders require a file stamp from the clerk of the circuit court.
the sheriff’s office ability to assist is limited to the policies and procedures regarding the service and execution of civil process, not legal advice. if you contact the sheriff’s office, have your receipt with the case number and reference number in hand. a plaintiff must bring a written letter requesting the cancellation of their service of process in person, present a valid photo identification and a copy of the receipt issued by the sheriff’s office (not the clerk of the circuit court). for verification purposes, attorneys must submit their written request to cancel a service of process on office letterhead either in-person or via fax to 312-603-5769. include a copy of a state-issued identification and a copy of the receipt issued from the sheriff’s office (not the clerk of the circuit court). for more information, contact our office at any phone number listed above. refer to the date listed under “check on service after __/__/____.” if the date has passed, with the case number or sheriff’s number, you can check the status of your service at .org/. at the top, you can also refer to the phone number or address of the office where you filed your service of process.
a sheriff’s office. check with the local sheriff’s department to see if it will serve your spouse—most sheriff’s offices offer this service for a fee. many with this letter, include the summons and a copy of the petition for dissolution of marriage/civil union, payment or order for waiver of court fees, and a self- you can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee., what happens after you serve your spouse divorce papers, if i am served divorce papers do i have to sign them, spouse refuses to be served divorce papers, why can’t you serve divorce papers yourself.
illinois law requires that service be by a sheriff. u201cprocess shall be served by a sheriffu201d 735 ilcs 5/2-202(a). 99% of divorce lawyers who practice in chicago, cook county, illinois use special process servers. the illinois statute requires divorce lawyers to motion the court to appoint a special process server. the document requirements page lists the paperwork you need depending on the type of filing. bring numerous copies of paperwork with you, including a set for it is difficult to anticipate when the sheriff will serve your process. most types of process must be served within certain legal time limits. 4. personal service by sheriff or process server: you can hire a sheriff or professional process server to deliver your divorce petition. a proof of service, how long can you avoid being served divorce papers, how much does it cost to serve divorce papers, can you serve divorce papers by mail, how do i know if my spouse has been served divorce papers, how to serve divorce papers in arizona, how to serve someone divorce papers out of state, serving divorce papers in florida, serving divorce papers in florida, can i serve divorce papers myself, how to serve divorce papers in illinois, why do divorce papers have to be served by someone else.
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