Default Divorce: Proceeding With Your Divorce Without Your Spouse

January 16th, 2020 by Tiffany Hughes

If you want to file for a divorce, but you are worried your spouse will refuse to participate in the divorce case, you can still move forward. While you or your spouse can initiate the legal process to end your marriage, some amount of cooperation is required from both spouses to complete the divorce in a timely manner. Even if one spouse refuses to participate in the divorce case, although a Judge cannot force that party to participate, you can still proceed by obtaining what is called a Default divorce.

What Is a Default Divorce?

A Default divorce occurs when one spouse files for a divorce, also known as a dissolution of marriage, and the filing spouse legally serves the other spouse with the divorce paperwork. Once the other spouse has been served, the other spouse will have thirty days to respond or file their appearance into the case. If the other spouse fails to respond to the paperwork or fails to file their appearance, then the filing spouse can request the court to hold the other spouse in default, and can then request the court to enter a Default Judgment.

What is a Default Judgment?

Default Judgments are the final, ultimate resolution of a divorce case where the filing spouse can obtain relief from the Court for what he/she asked for in their initial divorce paperwork, commonly known as a the Petition for Dissolution of Marriage. The Default Judgment is a Court Order. Default Judgments can be entered without the other spouse’s agreement or signature.

Default Judgments can be entered under the following conditions:

• The filing spouse serves the other spouse with the paperwork and the other spouse ignores the paperwork and refuses to participate in the legal process;

• The filing spouse does not provide the other spouse with proper notice and the other spouse is not properly served; or

• The filing spouse is unable to locate the other spouse, despite their best efforts, and is therefore unable to get the other spouse served.

Can the Other Spouse Contest a Default Judgment After It Is Entered?

Once the Default Judgment is entered in court, the other spouse will have thirty (30) days to contest the Default Judgment, based on the following valid reasons:

• The other spouse was not legally served with notice of the divorce proceeding; or
• The other spouse had a health or family emergency that precluded them from being able to participate in the divorce proceeding.

If you need help contesting your spouse’s Default Judgment, you will only have a very short period of time to do so. Contact an attorney at The Law Office of Tiffany M. Hughes immediately to discuss your legal options and to obtain legal representation to seek to have your Default Judgment vacated.

Contact Us Today

For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the legal process of pursuing a default divorce, contact us today to schedule your complimentary consultation at 773-893-0228.

—

This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.