![]() This motion, along with the lack of filings by the respondent, will allow the judge to grant a default judgment of divorce in favor of the original filer. To file a motion to hold the respondent in default due to the lack of responseĪ copy is not only filed with the court, but must also be sent to the last known address of the respondent, even if he or she had not responded to any of the court proceedings.To check to see if the respondent has filed to court asking for an extension to file his or her answer to the petition.To wait to see if the respondent files an answer to the court with his or her disagreements within the thirty-day time period.To provide the address for the other party to be served.Once this process has begun, the petitioner will need: How to Get a Default Judgment of Divorce in Illinoisįor a judge to be able to grant a default judgment, the petitioner would need to file the appropriate paperwork with the court. This allows the divorce proceeding to continue out without the participation of the respondent. If he or she fails to do either of these things, then a judge can grant a default judgment in the favor of the petitioner. If the respondent has a different idea of how things should be split up, then he or she needs to respond to the petition and appear at court dates to dispute the matter. The petition will outline how the filer wants the assets and responsibilities to be resolved. Generally, respondents have thirty days to respond to the claims in the petition once they have been served with the paperwork.Ī court date is set when the divorce process begins, and this will allow both parties to appear before a judge and settle any issues of property and finances that they don’t agree on. The initial document filed to start the divorce process is called a petition for dissolution of marriage. What Are Default Judgments in Illinois Divorce Cases? An attorney experienced with divorce cases can help to navigate this process and make sure that people know what to expect after filing for divorce. To avoid losing any property or having to pay a large amount of child support or spousal maintenance, divorcing spouses should appear at all of their court dates and respond to the appropriate paperwork. For varying reasons, people may not respond at all or within the allowed timeframes to divorce petitions, delaying the ability of filers to achieve resolutions and move forward. A default judgment of divorce can be granted if not all parties appear in court or respond to the petition for divorce. The answer to the question, “What is a default judgment in divorce?” is that it is an option to move marriage dissolution cases forward through the system, even if respondents fail to appear or otherwise participate.
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