You own a business with a partner. Your partner, however, has another partner: their husband or wife. If that husband-and-wife partnership results in divorce, you can expect to be sucked into the divorce process…but you have a very powerful defense mechanism that can keep you and your business safe. This article explains how to get out of an Illinois divorce if you are included as a third party. Can A Business Partner Be Made A Third Party In An Illinois Divorce? Family law courts in Illinois can include almost anyone. “The court may join additional parties necessary and proper for the exercise of its authority under this Act.” 750 ILCS 5/403(d) But, wait! You’re just a business partner. You have nothing to do with this divorce. Domestic relations courts aren’t limited to making decisions just about domestic relations issues. “The trial court judge in a domestic relations division has jurisdiction to hear all issues that are justiciable in nature.” In re Marriage of Devick, 735 NE 2d 153 – Ill: Appellate Court, 2nd Dist. 2000 “[A] circuit court is a court of general jurisdiction” Steinbrecher v. Steinbrecher, 197 Ill. 2d 514, 530 (Ill. 2001) Illinois domestic relations courts are limited to issuing orders only to people who are properly included in the divorce case. That can only happen by moving the court to include a third party and properly serving the third party to secure personal jurisdiction over that third party. “Personal jurisdiction refers to the court’s power to bring a person into its adjudicative process.” People v. Castleberry, 43 NE 3d 932 – Ill: Supreme Court 2015 What are a non-party’s rights in an Illinois divorce? Personal jurisdiction is not the only kind of necessary jurisdiction, you may be able to advise the court to leave you out of this divorce because of a lack of subject matter jurisdiction. Business Partners And Subject Matter Jurisdiction In An Illinois Divorce A court must have personal jurisdiction over a third party and subject matter jurisdiction over the matter at issue that involves the third party. “Subject matter jurisdiction refers to a court’s power to hear and determine cases of the general class to which the proceeding in question belongs.” People v. Castleberry, 43 NE 3d 932 – Ill: Supreme Court 2015 While an Illinois divorce court can hear any kind of issue, they are still limited by the constraints of the statute. […]
