Illinois Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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US-02179BG
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

Default Divorce in Illinois If a respondent does not respond to a divorce petition in time, the case may proceed without him or her. The judge will base any decision about asset division, parenting time, or other divorce issues on what the petitioner is asking for (with some exceptions). This is called a default.

Default Divorce in Illinois If a respondent does not respond to a divorce petition in time, the case may proceed without him or her. The judge will base any decision about asset division, parenting time, or other divorce issues on what the petitioner is asking for (with some exceptions). This is called a default.

The person who filed the Petition for Dissolution of Marriage (the Petitioner) will present his/her evidence first. The Respondent will present his/her evidence after the Petitioner has finished. After both sides have presented his or her case, the Judge will make a ruling.

The petitioner has no advantage over the respondent or vice-versa in an Illinois divorce case. The only thing that matters is the timing of the filing of the divorce. So, the person who files for divorce determines the timing of filing.

The General Principle: Your Rights Are the Same No Matter Who Files First. Filing for divorce would only affect the proceedings if the courts took fault into account when ruling over alimony and property division matters. In some states, the courts will consider fault in these decisions.

While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.

Except as provided in subsection (b) of Section 401, the court shall enter a judgment of dissolution of marriage, including an order dissolving the marriage, incorporation of a marital settlement agreement if applicable, and any other appropriate findings or orders, only at the conclusion of the case and not after ...

Step 1: Once you have been served with a summons for a dissolution of marriage or civil union, you have 30 days after service of the summons (not counting the day of service) to file your appearance and response (if you choose to provide a response) with the Office of the Clerk of the Circuit Court of Cook County at ...

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Illinois Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce