Due Diligence In An Illinois Divorce

The law is full of buzzwords that further qualify other legal concepts. One of the most common terms found throughout law in general and family law in particular is “due diligence.” Due diligence is “[t]he diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation” Black’s Law Dictionary (11th ed. 2019) The requirement of due diligence is effectively the court system telling litigants to “keep it moving or you’ll lose your rights” which exists in addition to statutes of limitations and other deadlines. Failure to act with due diligence means justice is delayed to the point of denial: evidence goes missing, witnesses forget (or worse, die). So, while the divorce litigation process feels like a series of delays and continuances, the courts can say “Sorry, it’s been too long. Hurry up and get to it or I’ll cancel your case” Due Diligence And Service In An Illinois Divorce Starting a divorce case requires filing a petition for dissolution of marriage and then serving the summons on the opposing side. “If the plaintiff fails to exercise reasonable diligence to obtain service on a defendant prior to the expiration of the applicable statute of limitations, the action as to that defendant may be dismissed without prejudice.”  Ill. Sup. Ct. R. 103(b) Service requires due diligence because, as a society, people need to know if they are, in fact, being sued. Otherwise, they’ll just keep doing whatever bad act is being complained of (even if it’s being a bad spouse). “Due diligence in serving process is essential to this purpose, for it is the sole legally sufficient means of alerting defendants to the pendency of a civil suit. In addition, service with due diligence, by promptly placing defendant on notice of a pending action, shortens the time needed to investigate, prepare and litigate the issues raised, thereby allowing the court to proceed expeditiously to a just resolution of the matter before it. Where a plaintiff (1) fails to exercise due diligence….justice is truly and unnecessarily delayed.” In reality, due diligence for service is rarely an issue in an Illinois divorce. Illinois divorce courts generate automatic status dates for the court to inquire what is happening in each particular case. Failure to serve the summons should result in the court allowing for service via email, social media or text message. If service is […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/due-diligence-in-an-illinois-divorce/