The Appellate Court ruled that the trial court was correct in finding that failing to verify a petition was a procedural defect, and not a jurisdictional one. In regards to the husband not receiving proper service, the Appellate Court emphasized that without proper service, the decree would be void. The Court found that although there was a technical defect in the notarization, that does not necessarily mean that the husband was not served, divesting the court of jurisdiction and rendering the decree void. The notary act itself does not give the court jurisdiction, but is simply to inform the court that the defendant had been served.
In summary, this type of defect does not divest the court of jurisdiction, and it remains a disputed fact to which the trial court is responsible for evaluating in a trial or other evidentiary hearing.
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