This form is an entry of default. This form is used when the defendant fails to plead or otherwise defend in a case as required by law.
Illinois Entry of Default - B 260
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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.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
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.
Divorce Terms in Default Divorce Cases The petitioner will decide on issues like the allocation of parental responsibilities, division of marital property, and other divorce issues. In Illinois, the respondent has 30 days after the default judgment is entered to contest the decision by asking the court to vacate it.
Section 735 ILCS 5/2-1302 - Notice of entry of default order (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or such party's attorney of record.
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.
A default judgment grants the relief sought in the plaintiff's complaint against the defendant. It is enforceable, just like a judgment order entered after a trial. After a default judgment is entered, the plaintiff must send notice of the judgment to the party that has been defaulted.
Unfortunately, many contested divorces can drag on for up to two years if neither spouse is able to concede to any of the disputed issues. Essentially, a contested divorce means that spouses do not agree upon terms regarding property division, child custody or even the divorce itself.