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You should file a Motion for Default with the clerk of the superior court. Schedule a court hearing and ask the judge or court commissioner to sign an Order on Motion for Default granting the default.
Divorce without Minor Children - Default Judgment Step 1: Prepare your forms and find out how you will file. ... Step 2: Get your court fees waived (if you qualify) ... Step 3: Sign your forms. Step 4: Make copies. ... Step 5: File your forms with filing fee. ... Step 6: Have your spouse served with the divorce papers.
In many types of lawsuits, the court will find against you automatically if you do not file an answer within a certain number of days. This is called a default. In Massachusetts, you will not be in default for not filing an answer in a divorce. However, it is considered good practice to file one.
In Illinois, the respondent has 30 days after the default judgment is entered to contest the decision by asking the court to vacate it. During this period, the respondent will need to come prepared with a rock-solid reason as to why they did not respond to the petitioner in the first place.
If a spouse decides not to respond in time, the spouse who initially filed for divorce can petition for a default divorce and the proceedings will move forward without the participation of the other spouse. When a default divorce is granted, the spouse filing for divorce usually gets the terms they ask for.