Few people are usually surprised when they are served divorce papers. If they did not know that the prospect of divorce was burgeoning, their spouse is usually happy to tell them, “You’ll be served any day now.”
Beyond the angst of the divorce process there are strategic timing concerns as to when a divorce starts…and a divorce does not begin in earnest until the respondent is served.
Can an Illinois divorce lawyer advise their client to evade service? What’s the harm in delaying the divorce process by a day, a month…or even a year?
While the client can shut themselves in their house, exit only from their garage and refuse to see anyone who asks for them at work…an Illinois lawyer should not advise them to do so.
An Illinois lawyer may not “engage in conduct that is prejudicial to the administration of justice.” Ill. Sup. Ct. R. 8.4(d)
Clearly encouraging an unnecessary delay of a divorce proceeding is “prejudicial to the administration of justice.”
“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent” Ill. Sup. Ct. R. 1.2(d)
Is evading service “conduct [which is] fraudulent?”
A fraudulent act is “conduct involving bad faith, dishonesty, lack of integrity, or moral turpitude” Black’s Law Dictionary (11th ed. 2019)
Purposely failing to answer the door, skulking out the back door, and ignoring people at the front desk show a lack of integrity at best and dishonesty at worst.
Finally, “[i]n representing a client, a lawyer shall not use means that have no substantial purpose other than to…delay…a third person.” Ill. Sup. Ct. R. 4.4(a)
Telling anyone to avoid a process server is delaying the party trying to serve the person. An Illinois lawyer is not allowed to delay the divorce process for no other reasonable purpose.
If an Illinois divorce respondent continues to evade service, the petitioner can just request substitute service of someone you know who will relate the fact that you were served.
“If service upon an individual defendant is impractical…the plaintiff may move, without notice, that the court enter an order directing a comparable method of service…The court may order service to be made in any manner consistent with due process.” 735 ILCS 735 ILCS 5/2-203.1
In the long run, evading service in an Illinois divorce is pointless.
So, quit looking over your shoulder and just look up your case and file an appearance and notice of appearance. You will make a terrible first impression on your divorce judge if the only thing they know about you is that you have been avoiding service for months.
“Courts do not favor those who seek to evade service of summons.” In re Marriage of Schmitt, 747 NE 2d 524 – Ill: Appellate Court, 2nd Dist. 2001
“[T]here is merit to the cliche that justice delayed is justice denied.” People v. Wasilewski, 383 NE 2d 31 – Ill: Appellate Court, 3rd Dist. 1978
Is Evading Service A Crime In Illinois?
Avoiding being served is probably not a crime. Taking active steps to stop service to the point that it could be described as “resistance” or “obstruction” would be a crime in Illinois.
“Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court commits a Class B misdemeanor.” 720 ILCS 5/31-3
Class B Misdemeanors in Illinois may involve maximum jail time of up to 180 days and fines up to $1500.
If you’d like help filing your appearance, your answer and defending yourself in a divorce, contact my Chicago, Illinois family law firm to speak with an experienced Illinois divorce attorney.
