An Illinois Judgment of Dissolution of Marriage is a court order issued by a court in the state of Illinois that legally terminates a marriage. There are two types of Illinois Judgment of Dissolution of Marriage: an uncontested dissolution and a contested dissolution. An uncontested dissolution is when both parties agree to the terms of the dissolution and do not contest it in court. A contested dissolution is when one or both parties do not agree to the terms of the dissolution and the court must decide the issue. In either case, the court will issue a Judgment of Dissolution of Marriage that will include information such as the division of assets, child support, alimony, and other related matters.
Illinois Judgment of Dissolution of Marriage
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Judgment of Dissolution of Marriage
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FAQ
Although 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.
To respond, you must file an Appearance form and an Answer form with the court by the deadline. You may also file a Counter-Petition for divorce.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side. A divorce by default with agreement means you don't have to respond, but you and your spouse do need a written agreement.
Unfortunately, you cannot legally stop the divorce from happening once your spouse has filed. However, ing to Southern Illinois University School of Law, once someone has filed for an Illinois divorce and the spouse has been served the papers, the filer can still change his or her mind.
Default Judgments in Illinois Divorce Cases If the respondent does not respond within the appropriate time frame, the petitioner may file a motion to hold the spouse in default. Essentially, filing a motion for a default divorce is asking the Court to proceed with the divorce case in the absence of the other spouse.
In Illinois, there is no mandatory waiting period for an uncontested divorce as long as you meet the residency requirements. A contested divorce usually has a waiting period of six months. Overall, finalizing a divorce in Illinois can take anywhere between two months and a few years.
(a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage shall be entered within 60 days of the closing of proofs; however, if the court enters an order specifying good cause as to why the court needs an additional 30 days, the judgment shall be entered within 90 days