What if My Spouse Evades Service of the Divorce Papers?

 Posted on February 25, 2025 in Divorce

In Illinois, both parties must have proper notice of a divorce. In practice, this means that the spouse who files for divorce with a Petition for Dissolution of Marriage must ensure his or her spouse receives the Petition and has the opportunity to reply. This is known as due process and must be strictly followed in virtually all legal proceedings, including divorce.

But what if your spouse is evading service because he or she does not want a divorce, or is simply being difficult? If you are unsure how you are legally required to have your spouse served with the Petition for Dissolution, or he or she is evading service, speaking to an experienced St. Charles, IL family law attorney can be helpful.  

How Are Papers Served in an Illinois Divorce?

After one spouse files the Petition for Dissolution of Marriage, that spouse generally must serve a copy of the summons to the other spouse. The summons notifies the other spouse that the divorce is happening. The spouse receiving the summons must file their answer or appearance within 30 days of receipt of the summons.

If you spouse is being uncooperative or does not want a divorce, the initial divorce documents can be served by a special process server or by a sheriff. If the spouse filing for divorce is not sure where his or her spouse is currently living, service is allowed through publication. This means that publication must be made in a newspaper that is published in the county in which the action is pending.

After the spouse is served and/or he or she files an appearance, all notices of subsequent motions can be sent via email. If both parties have attorneys to represent them in the divorce, the attorneys will receive email notices. Documents are considered "served" (after the initial service of the Petition of Dissolution and summons) if they are attached to an email or a link to the document is included in the email.

Except in cases where the email "bounces back," emails will be considered properly delivered. While email notification is acceptable, formal service of motions is encouraged between the parties or their attorneys. Notices of filings provide an index showing what was filed and should accompany any court filings.

What if a Spouse Refuses Initial Service?

A spouse who is avoiding or refusing the service of divorce papers generally does so either because he or she does not want to get divorced or is attempting to avoid the financial consequences of divorce, like child support or spousal support. While the Sheriff’s Department does a good job of finding people, serving divorce papers may not be a priority.

Because of this, most attorneys use a special process server to serve divorce papers. A process server may go to the spouse’s home, business, work, or even a special event where the spouse is likely to be. If the process server goes to the spouse’s home and he or she is not there but another family member is, the paperwork can legally be left with a family member or person residing at the home who is over the age of 13.

If the spouse lives alone and refuses to answer the door for service, the paperwork cannot be left outside the door. If a spouse continuously evades or refuses service, the court can enter an order that details an alternative method of service. This could include leaving the paperwork at the spouse’s place of work, delivering it via certified mail, or even sending it to his or her email address.

Contact a Kane County, IL Divorce Lawyer

Sooner or later, your spouse will be served, and it is likely that his or her efforts to avoid service and the resulting delays will annoy the judge. Having a highly skilled St. Charles, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC helps ensure your divorce process will go as smoothly and quickly as possible. When you choose MKFM Law, you will have a strong legal advocate to protect your rights and future. We have offices in Kane County, DuPage County, and DeKalb County for your convenience. Call 630-665-7300 to schedule your initial attorney meeting.