A Guide to Hey, Maybe Don’t Serve Motions on Dead Opposing Counsel

Published: 1/7/2026
By Jonathan D. Steele
A Guide to Hey, Maybe Don’t Serve Motions on Dead Opposing Counsel

What should you know about a guide to hey, maybe don’t serve motions on dead opposing counsel?

Quick Answer: Article Overview: **Core Legal Insight:** When opposing counsel dies, serving documents on them constitutes defective service that exposes you to motions to strike, sanctions, and timeline delays—while handing successor counsel immediate procedural leverage. The proper protocol requires verifying attorney registration status before every service and, upon discovering a death, filing a suggestion of death with the court and serving the represented party directly under applicable court rules.
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Frequently Asked Questions

Should I hire a divorce attorney for my case?

While Illinois allows self-representation, divorce involves complex legal, financial, and procedural issues with long-term consequences. An experienced family law attorney protects your rights, identifies issues you may overlook, negotiates effectively, and navigates court procedures. For contested matters, custody disputes, or significant assets, representation is strongly recommended.

How long does divorce take in Illinois?

Illinois requires at least 6 months separation before finalizing a divorce (waivable by agreement). Uncontested divorces can complete in 2-4 months. Contested cases typically take 12-18 months; complex high-net-worth or custody cases can exceed 2 years. County backlogs, discovery disputes, and trial scheduling significantly impact timelines.

What should I do first when considering divorce in Illinois?

Start by gathering financial documents: tax returns, bank statements, retirement accounts, debts, and property records. Consult with an attorney to understand your rights and options. Avoid major financial transactions, social media activity, or moving out without legal guidance. Document any concerns about safety or children.

Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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For more insights, read our Divorce Decoded blog.

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