Can I Get a Default Judgment in My Divorce Case?

 Posted on May 02, 2026 in Divorce

In the early stages of divorce proceedings, the petitioner, or the party who files for divorce, must submit a Petition for Dissolution of Marriage. The individual who is served divorce papers, also known as the respondent, is then given the opportunity to reply to the divorce petition and participate in the divorce proceedings. During this period, the respondent may take issue with some of the petitioner's choices concerning matters such as the division of marital property, child custody, or other issues. The petitioner and respondent can negotiate terms to try to reach a settlement with help from their attorneys. If a settlement cannot be reached, the divorce case then progresses to a trial where a judge will handle unresolved issues.

However, what happens if the respondent relinquishes their opportunity to partake in the divorce, refuses to respond, or cannot be located? In this situation, the court can choose to enter something called a default judgment.

If you are getting a divorce and have reason to believe your spouse may not be willing to participate in the proceedings, do not hesitate to contact an experienced Wheaton divorce attorney who has knowledge of divorce cases involving default judgments. At The Stogsdill Law Firm, P.C., we can provide you with sound guidance when your spouse won’t participate in the divorce, drawing on over 100 years of combined attorney experience.

The Importance of Proper Service for a Default Divorce in Illinois

A default divorce does not happen just because one spouse wants to move forward alone. The other spouse must first receive proper notice of the case. This is called service. In most Illinois divorces, the respondent must be served with the petition for dissolution of marriage and a summons. This gives him or her a chance to file a response and take part in the case.

Proper service matters because divorce orders can affect major rights. A judgment may divide property, assign debt, set parenting time, allocate parental decision-making, order child support, or award maintenance. A judge will not usually move forward by default unless the court is satisfied that the respondent had proper notice or that all required steps were taken to provide notice.

If service was not handled correctly, the default judgment may be challenged later. This can delay the divorce and create added stress. For this reason, the spouse filing for divorce should not treat service as a minor step.

Default Judgments in DuPage County Divorce Cases

Under Illinois state law, a respondent is granted 30 days from when the petitioner files the petition to respond. However, in some cases, the respondent may fail to reply to the petition within the allotted period of 30 days (750 ILCS 5/411).

In this case, the petitioner can file a motion for a default divorce. While the respondent can request an extension, they will not be allowed to prolong the divorce case to extend it. Proceeding with a default divorce means that the case will proceed without the presence of the respondent.

Timeline for Default Divorce in Illinois

A default divorce can take time, even when one spouse does not respond. The court still has to follow the correct process. The judge also has to review the evidence before entering a final judgment. A general timeline may look like this:

• One spouse files a petition for dissolution of marriage with the court.
• The other spouse is served with the petition and summons.
• The respondent has time to file an appearance or response.
• If no response is filed, the petitioner may ask the court for an order of default.
• The court may schedule a prove-up hearing.
• At the hearing, the petitioner presents testimony and documents.
• If the judge approves the requested terms, the court may enter a final judgment.

This process is not automatic. A petitioner still needs to prepare the required documents. These may include a proposed judgment, parenting plan, child support forms, financial affidavits, and property division terms. The exact documents will depend on the facts of the case.

A default divorce may move faster than a contested divorce. This doesn’t mean there won’t be delays. Problems with service, missing paperwork, disputes about children, or unclear financial information can slow the case down. A judge may also ask for more information before signing the final order.

Will an Illinois Judge Rule in My Favor in a Default Divorce?

A default does not mean the petitioner gets everything he or she asks for. The judge still has a duty to review the case. Under Illinois law, when a respondent is in default, the court may hear testimony from the petitioner.

The court must also decide whether the requested terms are lawful and fair. For example, a judge may reject a proposed property division that appears one-sided without support. The judge may also question a parenting schedule that does not seem to serve the child’s best interests.

In many cases, a default divorce can give the petitioner a stronger position. The respondent has lost the chance to object at that stage. However, the petitioner still needs evidence. Clear financial records, complete forms, and reasonable requests can make a major difference. A careful approach can help the case move forward without giving the respondent grounds to challenge the result later.

Contact Our DuPage County, IL Family Law Attorneys Today

When the circumstances are right, you can get a default divorce in Illinois. However, it still pays to have legal representation on your side. If you are getting divorced, contact the highly experienced Wheaton, IL, divorce lawyers with The Stogsdill Law Firm, P.C.. Call today to set up a consultation.