What is a Default Judgment in an Illinois Divorce Case?

 Posted on May 10, 2023 in Divorce

Officially ending a marriage involves addressing several significant issues. Divorcing spouses will need to identify what property is included in the marital state and determine an equitable distribution of the marital property. Marital property can involve real estate, vehicles, personal property, bank account balances, retirement assets, and much more. If the couple had children, they will be asked to create a parenting plan describing how they will handle parenting responsibilities and supervision of their children. Child support and spousal support arrangements may also be a crucial issues in a divorce.

In a typical divorce case, both spouses have the opportunity to make their voices heard regarding these issues. If the spouses can negotiate an agreement about the issues, their agreement will be formalized in the final divorce decree. If the spouses cannot reach an agreement, the court makes a determination on the disputed issues.

A default judgment occurs when one spouse does not participate in the divorce proceedings.

Steps Involved in a Default Judgment in Illinois

The spouse who is served with the divorce petition is called the respondent because his or her role is to “respond” to the petition. He or she has just 30 days to respond to the divorce summons and file an appearance. The court may grant an extension in certain cases.

However, if the respondent does not respond in time, the petitioner can file a Motion for Default. The petitioner will file the motion with the court and send the Motion for Default and a Notice of Motion to the respondent.

The notice will contain the hearing date for the motion for default. Essentially, the notice tells the respondent that this is his or her last chance to participate in the divorce and have a say in the outcome of the case.

If the respondent does not attend the hearing, the judge may enter an order of default. This means that the petitioner receives the divorce outcome he or she originally requested and is the sole decider regarding property division, child-related issues, and other divorce issues.

However, the respondent still has one final chance to participate in the divorce. If the respondent does so within 30 days of the default judgment, he or she can file a request to vacate the judgment.

Contact our Naperville Divorce Lawyer

The skilled Wheaton divorce attorneys at Davi Law Group help divorcing spouses at all stages of the divorce process. We represent petitioners and respondents during divorce cases, child custody disputes, and other family law matters. Call our office today at 630-657-5052 and set up a free case assessment.

Source:

https://19thcircuitcourt.state.il.us/2130/Dissolution-of-MarriageDivorce