![]() 90% of the time this is the failure to file an appearance and respond to a petition for dissolution of marriage. What exactly is a Default Divorce in Illinois?Ī default divorce in Illinois is where the other spouse does not do the bare minimum to participate. So what is a default divorce in Illinois? Sports metaphors aside, when you or your spouse don’t participate in an Illinois divorce, someone gets held in default. ![]() If either party doesn’t follow those steps, then the judge calls a “foul” and if it gets too bad, you can forfeit your divorce case. There are a series of steps that the petitioner and the respondent must follow. For this reason, when a plaintiff receives a default judgment, the plaintiff’s attorney will typically wait 30 days before initiating any enforcement actions.The Illinois divorce process is very regimented. The defendant typically must show that he or she was not properly served with a summons by the plaintiff and therefore did not receive the required notice of the case. Once 30 days have passed, it is much more difficult to vacate a default judgment. In that case, the motion to vacate is almost always granted, regardless of why the defendant failed to appear in court. Suppose this motion is filed within 30 days of the default judgment. The defendant against whom the judgment was entered must file a motion to vacate the default judgment with the court to vacate a default judgment. When a default judgment is vacated, the judgment is essentially nullified, and the case proceeds from the point at which the default judgment occurred as if the default judgment had never been entered. The notice need not be sent by certified mail.Īlthough a default judgment is enforceable like a judgment entered after a trial, a default judgment may be vacated, unlike a judgment that is entered after a trial. Notice of Default Judgments in IllinoisĪ reader asked the following question: Do I have to serve them again with this default to give them another chance to reply or just check the box they are not entitled to because they did not file or respond to the summons? If I do notify, should I serve by certified mail?Īnswer: After entering a default order, you need to “immediately” mail notice of the default Judgment to the address at which the defaulted party was served. The plaintiff’s presentation of proof to the judge may occur at the same court date at which the initial default is ordered, or the default may be ordered, and a second court date may be set for prove-up. ![]() This usually takes the form of a sheriff’s or special process server’s affidavit. In some situations, the only proof required is proof that the summons was properly served. The required form of proof varies based on the legal issue and the particular judge. What is a Prove-Up for a Default Judgment?Įven when the defendant fails to appear in court, the court may require that the plaintiff present proof of the allegations in the complaint before the default judgment is entered. After a default judgment is entered, the plaintiff must send notice of the judgment to the party that has been defaulted. It is enforceable, just like a judgment order entered after a trial. A default judgment can also occur later in the case if the defendant ceases to participate in required court dates or other court requirements.Ī default judgment grants the relief sought in the plaintiff’s complaint against the defendant. We will answer the questions: “what is a default judgment?” and “what is a prove-up for a default judgment?” We will also explain what notice of the default judgment is required and what it means to vacate a default judgment in Illinois.Ī default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date. In this article, we will explain default judgments in Illinois.
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