Whether you are filing for divorce or your former spouse recently filed a petition, it is important to understand the different types of divorce and the way in which the process moves forward. Some couples are able to work through an uncontested divorce relatively amicably, while others find themselves in the middle of a contentious experience.
Moreover, some marriages come to an end in Illinois as a result of default judgments due to one party’s failure to respond. Default divorce carries a number of potential benefits and drawbacks, so make sure you understand the ins and outs of this strategy if you or your ex do not intend to file a response with the court.
Reviewing default divorce in Illinois
According to the Nineteenth Judicial Circuit Court, people can complete their divorce even if their ex does not participate in the process by securing a default judgment. In order to successfully obtain a default divorce, there are a number of requirements. For example, the Petitioner must provide notice and a motion for default indicating that Respondent had been served but has not filed an appearance or otherwise responded. The Petitioner must show that Respondent was notified properly. Petitioner must comply with the requirements of the 19th Judicial Circuit Court, including completing a parenting class where children are involved.
Going over the pros and cons of default divorce
Default divorce offers certain advantages. It is often less time-consuming and does not require extensive litigation and, as such, is less expensive. But, default divorce may pose serious concerns for defendants who are unable to participate in the divorce process and who overlook certain details of the divorce. As a result, if you do not respond to your former partner’s divorce, you could lose the ability to stand up for your rights, voice any concerns and protect your interests in court.
If you have kids, default divorce could jeopardize your ability to secure a favorable outcome with respect to child custody, and other legal topics (such as property division) may also become problematic. Make sure you understand all of your options and the serious risks that can come with failing to respond to divorce.