Legal Question in Family Law in Illinois

Re: divorce

When you say you received divorce papers, it is not clear what these �papers� were and how you received them. If you have been served with a summons and petition for dissolution, then the court has personal jurisdiction over you and may enter an order or judgment affecting your interests, including your rights and obligations with respect to property, child custody and support, maintenance (i.e., alimony), etc.

If you have not been served, but have received a summons and petition (e.g., by mail) together with a document to be signed waiving service, you can decide for yourself whether to sign the document waiving service. If you do not sign the waiver, you will probably be served anyway by an officer authorized to serve process. Under these circumstances, your refusal to sign will only result in the unnecessary expense and short delay while papers are served on you.

You need not appear in court (unless your receive a court order commanding you to appear). However, not appearing means things can develop and orders entered without your knowledge and without prior notice to you.

The decision of whether or not to retain counsel in a divorce proceeding is yours, and it depends a lot on what is at stake. I advise you seek the advice of a lawyer BEFORE you decide to go it alone. If your spouse has an attorney paid for out of marital funds, you will probably be authorized (on a motion and hearing) to similarly obtain funds from marital resources to pay for a lawyer of your own. I am confident there are many very skilled attorneys in your area who can meet your needs and advise you of your rights.

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