Legal Question in Family Law in Illinois

I received this response after serving my husband ;ALIAS SUMMONS - RETD P.S.. Does that mean he was served? Then I got; CASE SET ON PROGRESS CALL

Date: 12/31/2009

Court Time: 1400

Court Room: 1601

Would this actually be the court date for my divorce to be heard and done with? Will they send the defendent notification of this progress call?

Asked on 12/01/09, 12:03 pm

2 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Yes. The P.S. means personal service. The sherrif or process server put it in his hand.

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Answered on 12/06/09, 12:53 pm

Jonathan Shimberg SHIMBERG and CROHN, P.C.

One word of warning. What you have is a computer notation from a clerk. They make misteaks. you should go down to the Clerk's office and make yourself a copy of the proof of service in case 1) it is wrong , or 2) it gets lost. The second notation is merely a post card notification of a status date a 2;00 p.m. You do not state whether it has been more than 30 days since your spouse has been served. If it hasn't, you have to wait that time period. If he or she fails to file an appearnace, you have to go the the courthouse and fill out a Certificate and motio for Default form, which is obtainable at the court house, and set your case for final hearing. The rules require that beforfe you set it for hearing you must have a proposed Judgment for Dissolution of Marriage prepared. When that document is prepared, you can then set the cased for hering. You have to give your spouse at least 5 business days notice of the hearing.

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Answered on 12/06/09, 7:37 pm

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