Familia y seguridad

“Service of process” (also called “service” or “notice”) is when the petitioner A person who makes a written request to a court (person who started the case by filing the documents with the court) officially gives the respondent A person who has a petition filed against them (the other party) A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. copies of court papers so they know a case has been filed against them.

The law requires this notification so the respondent has a fair chance to respond and take part in the case. In family law, this can involve cases like divorce, establishing parentage The relationship between a parent and a child or parental responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) (custody and visitation), Time spent between a child and a person who is not the parent or establishing or changing child support. Dinero pagado por un padre para ayudar a otro padre a mantener a un hijo menor de edad o a un hijo adulto con discapacidad

Service must be done in a specific way so the judge is sure the other party is given enough notice of the case. It is not enough to tell the other party about the case informally, such as by text or phone.

If service of process is not done correctly:

• The judge may not be able to make decisions in the case,
• The case could be delayed or dismissed, Cases dismissed with no further action anticipated. or
• Any orders granted might be challenged or canceled later.

In some situations, the judge may be limited in what they can decide unless the respondent A person who has a petition filed against them was properly served. Property issues (which include dividing property or assets), Anything a person owns that has financial value assigning debts, and setting payments for child support Money paid by a parent to help another parent support a minor child or an adult child with a disability or spousal support all require service of process.

One party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. must formally serve Giving court documents to someone the other party when they start a new case. This includes cases such as divorce, parentage The relationship between a parent and a child (paternity), allocation of parental responsibilities When a court splits up parenting time, decision-making responsibility, and child support between parents (formerly called "custody") (custody), and child support. Money paid by a parent to help another parent support a minor child or an adult child with a disability Formal service of process is usually required before the court can proceed.

When a family law case is started, the petitioner A person who makes a written request to a court usually must serve Giving court documents to someone the respondent: A person who has a petition filed against them

• A summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court (a document from the court that tells the respondent they are being sued), and
• The petition (noun) A written request to a court (verb) To request from a court (the document that explains what the petitioner is asking the court to do)

Depending on the type of case, other documents may also need to be served, such as required notices or forms.

Usually, no, there is no further need to formally serve Giving court documents to someone the respondent A person who has a petition filed against them again once they have been served or have filed an appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. form. Most documents are usually served by the e-filing Short for "electronic filing.Usted presenta documentos de la corte utilizando una computadora en lugar de entregárselos al secretario en persona. This is required in Illinois as of 1/1/18. system, email, or mail. 

Sin embargo, existen excepciones. A petitioner A person who makes a written request to a court may need formal service of process again if:

• They add new claims against the respondent, 
• They ask for relief that requires special notice, or
• The court’s rules specifically require formal service.

In Illinois, there are several ways to serve Giving court documents to someone the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. when starting a new family law case. The method someone can use depends on their situation and whether they can find or contact the other party. The most common methods are:

• Personal service: a sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process server Someone other than a sheriff who serves a summons gives the court papers directly to the respondent, A person who has a petition filed against them or leaves the papers at their home with someone who lives there.
• Acceptance of service or appearance: A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. the respondent agrees to accept the papers or files an appearance form with the clerk, so formal service is not needed.
• Service by publication: Notifying someone about a case by publishing a notice in a newspaper if the petitioner A person who makes a written request to a court cannot find or serve the respondent after a diligent search, they can ask the court for permission to publish a notice in a newspaper instead.
• Service by special or alternative methods: in some cases, a judge may allow service by email, social media, or another method if other attempts have failed. A petitioner needs to get permission from the judge before proceeding with service this way.
• Service outside Illinois or the United States: if the other party lives in another state or country, they can be served using methods allowed by Illinois law and the laws of that location.

The best method of notifying the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. depends on whether the petitioner A person who makes a written request to a court knows where the respondent A person who has a petition filed against them is and whether the respondent is willing to participate in the case:

• If the petitioner knows where the respondent is located: personal service through the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process server Someone other than a sheriff who serves a summons is usually the best option. It is the most reliable method and allows the judge to decide all issues in your case.
• If the respondent is willing to cooperate: the respondent may agree to accept service or file an appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. form. This can be faster and less expensive than formal service.
• If the respondent cannot be located: with the judge’s permission, the petitioner may be able to use service by publication Notifying someone about a case by publishing a notice in a newspaper (posting a notice in a local newspaper), but only after making a serious effort to locate them. This method has important limits on what the judge can decide, such as child support Money paid by a parent to help another parent support a minor child or an adult child with a disability or property issues, which can only be ordered after personal service.
• If the petitioner can contact the respondent but cannot serve Giving court documents to someone them in person: the petitioner may ask the judge for permission to use another method, such as email or social media. The judge will only allow this in certain situations.
• If the respondent lives outside Illinois or outside the United States: the petitioner can still serve them, but the process may take longer and may involve additional rules. The petitioner can start by contacting the sheriff in the county the respondent lives.

Yes, the way the petitioner A person who makes a written request to a court serves the respondent A person who has a petition filed against them can affect what the judge is allowed to decide in the case:

• If the respondent is personally served or files an appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. form: the judge can usually decide all issues in the case. This includes issues such as divorce, child support, Money paid by a parent to help another parent support a minor child or an adult child with a disability parenting time, Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). property, and debts.
• If the respondent is served by publication: the judge may be limited in what they can decide. For example, in a divorce case, the judge can usually grant the divorce, but they generally cannot decide issues like child support, spousal support, a permanent schedule for parenting time, or most property division. The judge may still be able to decide custody if the child lives in Illinois.
• If the petitioner uses another method allowed by the judge, such as email or social media: the judge will decide what it can do based on the situation and whether the method gave the respondent enough notice.

Because of these limits, the method of service chosen can affect the outcome of the case. Personal service is usually the most complete and reliable option.

Personal service means delivering the court papers directly to the respondent. A person who has a petition filed against them In Illinois, the petitioner A person who makes a written request to a court cannot serve Giving court documents to someone the papers themselves. Instead, it is usually done by the sheriff, A county officer who can serve people with summons. They can evict someone with a court order. a licensed process server, Someone other than a sheriff who serves a summons or another adult Any person 18 years old or over who is not involved in the case (if the judge approves). 

A licensed process server is a person or business authorized to deliver court papers to someone involved in a case. They perform the same role as the sheriff but are private companies. Process servers usually charge a fee, and the cost can vary depending on how difficult it is to find and serve the other party. Una persona o empresa involucrada en un caso en la corte en un papel como demandante, peticionario, demandado, respondedor o interventor. A licensed process server can be found by searching online or asking the circuit clerk’s The office that takes care of files and documents for circuit court cases office for local options.

The server will:

• Hand the papers directly to the other party, or
• Leave them at the other party’s home with someone who lives there and is at least 13 years old, and then mail a copy.

The server must be given copies of the court documents, including the summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court and petition. (noun) A written request to a court (verb) To request from a court After service is completed, the server fills out a proof of service. A form that explains how court papers were given to someone in a court case This must be filed with the clerk’s office to show that the other party was properly served.

There are many reasons to use personal service when notifying the respondent A person who has a petition filed against them about the filing of a case.  Some of the advantages of personal service include:

• It is the most reliable way to serve Giving court documents to someone someone.
• It allows the judge to decide all issues in the case, such as child support, Money paid by a parent to help another parent support a minor child or an adult child with a disability parenting time, Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). and property
• It provides clear proof that the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. was notified.

Some of the disadvantages of personal service include:

• It may cost money. Sheriff’s A county officer who can serve people with summons. They can evict someone with a court order. offices and private process services charge fees to serve someone. If there is an approved fee waiver A document that lets someone file court papers for free or at a reduced cost. order, sheriff service fees may be covered.
• It can take time if the other party is hard to find or avoids service.

If the respondent A person who has a petition filed against them agrees to accept service of process or files an appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. form with the circuit clerk, The office that takes care of files and documents for circuit court cases the petitioner A person who makes a written request to a court may not need formal service by a sheriff A county officer who can serve people with summons. Pueden Desalojar a alguien con una orden de la Corte. o notificador de procesos. Someone other than a sheriff who serves a summons By accepting service or filing an appearance form, the respondent is telling the judge they know about the case and are willing to take part in it. Once the respondent has filed an appearance form, the petitioner can usually send future documents by the e-filing Short for "electronic filing.Usted presenta documentos de la corte utilizando una computadora en lugar de entregárselos al secretario en persona. This is required in Illinois as of 1/1/18. system, email, or mail. This can make the process faster and simpler because the petitioner does not have to arrange formal service.

It is important to note that if the respondent later changes their mind and does not accept service or file an appearance form, the petitioner will at that point need to begin the process of officially serving them with notice before the case can continue.

The petitioner A person who makes a written request to a court should make reasonable efforts to locate the respondent. A person who has a petition filed against them This is called a “due inquiry” in the law, which means trying to find the respondent using the information available. For example, the petitioner might:

• Contact friends, family, or employers;
• Check the respondent’s last known addresses;
• Search online or through public records; or
• If it is safe, try to contact the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. by phone, email, text, or social media.

If the petitioner is still unable to find the other party, they can ask the judge for permission to use a method called service by publication. Notificar a una persona sobre un caso mediante la publicación de un aviso en un periódico  

The petitioner A person who makes a written request to a court can use service by publication Notifying someone about a case by publishing a notice in a newspaper as a way to serve Giving court documents to someone the respondent A person who has a petition filed against them only if the respondent cannot be found after a due inquiry (diligent search). To use service by publication, the petitioner must file a sworn statement (affidavit) A notarized written statement signed by a person under oath with the judge explaining:

• The steps they took to try to find the respondent, and
• The petitioner was not able to find the respondent or determine their address.

The judge must review and approve the request before the respondent can be served by publication. If the petitioner knows the respondent's last known address, a notice mailed to that address may be required.

Service by publication Notifying someone about a case by publishing a notice in a newspaper typically involves publishing a notification of the case in a newspaper in the county where the case is filed or where the respondent A person who has a petition filed against them was last known to live. The notice is typically published once a week for a set period of time (usually three weeks), and the first notification must be published at least six weeks before the hearing When the parties in a case present their sides of a case to a judge or other officer date. Each county may have different rules about which newspaper to use. Contact the circuit clerk The office that takes care of files and documents for circuit court cases for more information. 

The petitioner A person who makes a written request to a court may also be required to mail a copy of the notice to the respondent’s last known address, if they have one. After the notice has been published, the petitioner must file proof with the court showing that publication was completed. Service by publication is considered complete after the notice has been published as required, even if the respondent does not actually see it.

Service by publication Notifying someone about a case by publishing a notice in a newspaper is sometimes the only way a petitioner A person who makes a written request to a court can legally serve Giving court documents to someone a respondent A person who has a petition filed against them in a family law case if the respondent cannot be found or refuses to accept service.

However, there are disadvantages to this method of service. The case may take longer, since there are typically requirements for how long the notification must run in a newspaper, as well as when the first notification is run before the hearing When the parties in a case present their sides of a case to a judge or other officer date. There may also be a cost that the newspaper charges to publish the notice. If the judge has signed a fee waiver A document that lets someone file court papers for free or at a reduced cost. order, the newspaper can decide whether or not to accept the fee waiver. If the newspaper does not accept the fee waiver and the petitioner cannot afford the fees, they can contact the circuit clerk The office that takes care of files and documents for circuit court cases for options available to them, including filing a motion A request to the judge to make the court or a party in the case do something to ask the county to pay for the fees.

More importantly,  the judge may be limited in what they can decide because the respondent was not personally served:

• Divorce: the court can usually grant a divorce, but may be limited in deciding issues like spousal support or some property division.
• Parental responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) (custody or visitation) Time spent between a child and a person who is not the parent or parentage: The relationship between a parent and a child the court may still be able to decide custody if the child lives in Illinois, but may be limited in deciding parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). or visitation. They also likely cannot decide cost-splitting for things like children's healthcare costs or school fees.
• Child support: Money paid by a parent to help another parent support a minor child or an adult child with a disability the court may not be able to order child support.

There are other risks as well. Because the respondent may not actually see the newspaper and receive notice, they may later ask the judge to reopen the case.

Usually, no, the respondent A person who has a petition filed against them cannot be legally served by email, social media, or other method. In most cases, the petitioner A person who makes a written request to a court must use standard methods of service, such as personal service (sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process service) or service by publication Notifying someone about a case by publishing a notice in a newspaper (notice in a newspaper). However, in limited situations, a judge may allow service to the respondent by using another method, such as email, text message, or social media. 

The petitioner must ask the judge for permission before using any alternative method of service and show that standard methods, like personal service, are not practical or have not worked. The petitioner must file a motion A request to the judge to make the court or a party in the case do something with the court explaining:

• How they tried to serve Giving court documents to someone the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. using the usual methods of personal service; 
• Por qué esos métodos no funcionaron o no son prácticos
• How the petitioner wants to serve them (email, text, or social media); and
• Why the petitioner believes the respondent will receive and read the documents if served that way.

The judge may set a hearing When the parties in a case present their sides of a case to a judge or other officer on this request. If the judge approves, they will issue an order explaining how to serve the other party.

There are many advantages to alternative service methods, such as service by email, social media, or text. It may allow the case to move forward when other methods have not worked, and information about the case may actually reach the respondent A person who has a petition filed against them if there is current contact information.

However, there are many disadvantages to this method of service, including:

• The petitioner A person who makes a written request to a court must get the judge’s approval before using it, and the judge may deny To refuse or say no the request;
• The petitioner must show that the method is likely to give the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. notice;
• It may be harder to prove the respondent received the documents; and
• The judge may limit what it can decide depending on how service was completed. They may not be able to make decisions about spousal support or property division in a divorce case, for instance.

There are other risks as well. Because the respondent may not actually receive notice, they may later ask the judge to reopen the case.

A petitioner A person who makes a written request to a court can usually serve Giving court documents to someone an active-duty respondent A person who has a petition filed against them in the military using the same methods as other parties, such as personal service. However, military personnel have special legal protections under a federal law called the Servicemembers Civil Relief Act (SCRA), found at 50 U.S.C. App. §§501-597b. Because of these protections, the judge may delay the case if the respondent’s military duties make it hard for them to participate. The judge may also require extra steps before entering a default judgment When a person loses a case because they don't file an appearance or show up in court for a petitioner if the respondent does not respond.

Learn more about the SCRA at Military OneSource.

A family law petitioner A person who makes a written request to a court can serve Giving court documents to someone someone who is in jail or prison by having the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or a process server Someone other than a sheriff who serves a summons deliver the court papers to the respondent A person who has a petition filed against them at the facility where they are being held, similar to someone who is not incarcerated. 

If unknown, the petitioner can look up the respondent on the Illinois Department of Corrections website to see where they are incarcerated and note the inmate number. Next, they can contact the sheriff or process server in the county where the respondent is incarcerated and ask about the cost and process involved in serving notice on an inmate in that facility.

Any documents sent to the sheriff or process server for service must include the respondent’s inmate number. After the papers are delivered, the sheriff or process server will complete a proof of service. A form that explains how court papers were given to someone in a court case This must be filed with the clerk’s office to show that the respondent was properly served.

Afterward, the process continues similarly to a respondent not incarcerated. All other documents filed in the case must be sent by mail to the respondent.

A family law petitioner A person who makes a written request to a court in Illinois can provide service of process to a respondent A person who has a petition filed against them who lives in another state by having them served where they live. Service is done in the same way as service in Illinois, such as by having a sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process server Someone other than a sheriff who serves a summons in that county deliver the court papers to the other party. Una persona o empresa involucrada en un caso en la corte en un papel como demandante, peticionario, demandado, respondedor o interventor. Special permission is not needed from the judge to serve Giving court documents to someone someone outside Illinois.  If the respondent cannot be found after making reasonable efforts, the petitioner may be able to ask the judge for permission to use service by publication. Notificar a una persona sobre un caso mediante la publicación de un aviso en un periódico

Because of this, serving someone in another state may take more time and may require following additional legal requirements. There may be limitations to what a judge can decide in a case if the other party does not live in or have ties to Illinois. It is recommended that a lawyer Someone who represents clients in courts or who gives legal advice help if formal service of process is needed for a respondent outside of Illinois.

A family law petitioner A person who makes a written request to a court in Illinois can provide service of process to a respondent A person who has a petition filed against them who lives in another country. Service is usually done in the same way as service in Illinois, such as having a process server Someone other than a sheriff who serves a summons deliver the court papers. However, the country where the person lives may have its own rules about how the service must be completed. Some countries, including Mexico and Canada, may require service to follow international agreements such as the Hague Service Convention.

Because of this, serving someone in another country may take more time and may require following additional legal requirements. There may be limitations to what a judge can decide in a case if the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. does not live in or have ties to Illinois. It is recommended that a lawyer Someone who represents clients in courts or who gives legal advice help if formal service of process is needed for a respondent outside of the US.

Learn more about international service of process.

After the respondent A person who has a petition filed against them is served, the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process server Someone other than a sheriff who serves a summons will complete a Proof of Service A form that explains how court papers were given to someone in a court case of Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court (sometimes called a “certificate of service” or a “sworn statement”). This form shows when, where, and how the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. was served. The completed form must be filed with the court, either by the sheriff or by the petitioner. A person who makes a written request to a court The petitioner can contact the circuit clerk’s The office that takes care of files and documents for circuit court cases office to confirm that the sheriff filed it.

If the respondent was not successfully served, the petitioner may need to request a new summons (called an “alias A name, such as a nickname, that is used by someone but is not their legal name summons”) and try again. Once the respondent is served, they have a limited amount of time to respond. If they do not respond, the petitioner may be able to ask the court to make a decision without hearing When the parties in a case present their sides of a case to a judge or other officer from them. Esto se llama un fallo por incomparecencia. Cuando una persona pierde un caso porque no presenta una comparecencia ni se presenta en la corte

After the case has started, if the respondent A person who has a petition filed against them has a lawyer Someone who represents clients in courts or who gives legal advice who has filed an appearance, A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. the petitioner A person who makes a written request to a court should usually serve Giving court documents to someone the lawyer instead of the respondent themselves. Once a lawyer files an appearance, they are responsible for receiving court documents on behalf of their client. If no lawyer has filed an appearance, the petitioner should continue serving the respondent directly.

The petitioner can find out if the respondent has a lawyer by checking the court file or case information. Pueden:

• Look for an Appearance form filed in the case (if filed, their name and contact information will be listed in the case);
• Check the court’s online case records, if available; or
• Ask the circuit clerk’s The office that takes care of files and documents for circuit court cases office.

Yes, service of process is still required. Petitioners concerned for their physical safety should consider service methods like the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or a special process server, Someone other than a sheriff who serves a summons as opposed to trying to inform the respondent A person who has a petition filed against them themselves.  
 

Parties in a family law case can read more about service of process at:

• Illinois Code of Civil Procedure, Rules a party must follow when they are participating in a lawsuit 725 ILCS 5/2-203
• Illinois Marriage and Dissolution of Marriage Divorce Act, 750 ILCS 5/411 for divorces
• Illinois Courts Summons form

Forms for certain family law cases may include documents needed for service. Learn more at the Illinois Courts website.

No, lawyers are generally not needed to serve Giving court documents to someone someone in a family law case. However, the rules for service of process must be carefully followed.  If service is not done correctly, the judge may require the petitioner A person who makes a written request to a court to try again before their case can move forward. 

Getting a lawyer Someone who represents clients in courts or who gives legal advice to help is recommended if the instructions are unclear or the situation is complicated. For example, a lawyer may be helpful if:

• The petitioner still cannot find the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. after making reasonable efforts;
• The petitioner needs to ask the judge for permission to use service by publication Notifying someone about a case by publishing a notice in a newspaper or another alternative method;
• The other party lives in another state or another country; or
• The petitioner is having trouble completing service or process or understanding the rules.

A lawyer can help make sure the service is done correctly and that the case is not delayed. Use Get Legal Help to find a free legal aid organization or private lawyer.