In addition to the mandatory requirement of having subject-matter jurisdiction, a court needs to acquire in personam jurisdiction over the respondent/defendant. Any order issued by a judge when both subject-matter jurisdiction and in personam jurisdiction has not been properly conferred is void, of no legal force or effect.

In Illinois and many other states, in personam jurisdiction is obtained when the respondent/ defendant is properly served either by certified mail, by personal service, or by publication (only rarely used and only when the address of the respondent/defendant is unknown).

Personal service occurs whenever the sheriff or a person appointed by the court serves a copy of a legal summons and a copy of a legal Petition/Complaint directly upon the respondent/defendant or upon any person from his/her immediate family who is 13 years of age or over. Personal service upon any other person is not personal service on the respondent; the service is defective and does not confer in personam jurisdiction upon the court.

Just as in subject-matter jurisdiction, if challenged, an inspection of the record of the case must show that legal service had been made upon the respondent/defendant.

Contrary to some allegations, the appearance of a respondent/ defendant in the court when proper legal service had not been obtained does not confer jurisdiction upon the court. Mere notice is not legal notice.

Without both subject-matter jurisdiction and in personam jurisdiction having been obtained, the proceeding is only a sham proceeding, having no legal force or effect.

Even if one participates in the sham proceeding, no in personam jurisdiction has been conferred upon the court. The person is legally only an observer to a sham proceeding.

However, if proper legal service upon the respondent had been obtained, and if the court also held subject-matter jurisdiction, then the appearance by the respondent or his/her attorney confers in personam jurisdiction upon the court. The respondent then has made a general appearance before the court.

If a respondent has not been lawfully served by a Petition for Dissolution of Marriage, then the court is without in personam jurisdiction. The judge has no lawful authority to proceed to hear and issue any ruling relative to a possible dissolution of marriage. Until the court obtains lawful in personam jurisdiction, all orders of the court are void, of no legal force or effect.

Did the court lawfully obtain in personam jurisdiction in your case?

If the court did not obtain in personam jurisdiction in your case, then you are not lawfully divorced.

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Created June 9, 1999
This page last updated on May 4, 2005