What should I doif mywife filed for a divorce but I didn’t get served because she sent the divorce papers to the wrong address?

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What should I doif mywife filed for a divorce but I didn’t get served because she sent the divorce papers to the wrong address?

Asked on March 5, 2012 under Family Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since you were not served, you did not have notice of the divorce petition and did not have an opportunity to file an answer with the court within the time set forth in the summons and serve a copy of your answer by mail on your wife.

If your wife already filed a default with the court because you did not file a timely response, you will need to file a motion to set aside the default.  Your argument will be that you were not properly served.  If the court grants your motion to set aside the default, the case is then back on track and litigation will continue.

If your wife uses a process server to have you served, the process server should be able to obtain your correct address.

 


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