Understanding the Default Process in an Illinois Dissolution of Marriage Case

When one spouse files for divorce in Illinois, the court sets in motion a formal legal process governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq.). But what happens when the other spouse simply does not respond? In that situation, the case may proceed by default, allowing the court to enter a judgment without the non-responding party’s participation. Understanding how this process works can help you protect your rights and avoid costly surprises.

Step 1: Filing and Service of the Petition

A divorce begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage in the circuit court of the county where either party resides. Once filed, the petitioner must serve the other spouse (the respondent) with the petition and a summons issued by the clerk of court.
Under Illinois Supreme Court Rule 101, proper service usually means personal delivery by a sheriff or private process server. In some cases, service by publication may be allowed when the respondent’s whereabouts are unknown and diligent efforts to locate them have failed.
The clock starts ticking once service is complete: the respondent generally has 30 days to file an appearance and a response.

Step 2: The Respondent’s Failure to Respond

If the respondent does not file an appearance or answer within the 30-day period, they are technically “in default.” The court may then proceed without their participation. The petitioner may file a Motion for Default Judgment, supported by an affidavit confirming that the respondent was properly served and has not appeared.
Importantly, the court will not automatically enter a divorce the moment 30 days pass. The petitioner must still schedule a court date and present evidence to establish grounds for the divorce and the requested relief. The default process is meant to keep cases moving—not to give the petitioner an unfair windfall.

Step 3: The Default Hearing

At a default hearing, the judge reviews the case much like a trial in miniature. Even though the respondent is absent, the petitioner must still prove that the marriage is irretrievably broken and present evidence on all issues—such as property division, maintenance, allocation of parental responsibilities, and child support.
Typically, the petitioner testifies briefly about the marriage, separation, and the terms requested in the proposed Judgment of Dissolution of Marriage. Supporting exhibits (for example, pay stubs, parenting plans, or real-estate valuations) may also be introduced.
If the judge finds the evidence credible and the requests reasonable under Illinois law, the court will enter a Default Judgment of Dissolution of Marriage granting the relief sought in the petition.

Step 4: Setting Aside a Default Judgment

Illinois law recognizes that life is complicated—sometimes a respondent misses a deadline for legitimate reasons. Under 735 ILCS 5/2-1301(e), the court may set aside a default judgment “before final order or within 30 days after its entry” if justice and fairness require it.
The respondent must file a motion to vacate, explaining the reason for the default and showing a good-faith defense or meritorious claim. For example, if the respondent was never properly served or faced a medical emergency, the court may reopen the case to ensure due process.
After 30 days, a respondent can still attempt to vacate under section 2-1401, but that process is more complex and requires showing a valid excuse, a defense on the merits, and diligence in seeking relief.

Step 5: Enforcement After Default

Once the default judgment is entered, it has the same legal force as any contested judgment. If the respondent fails to comply—such as refusing to pay child support or transfer property—the petitioner can pursue enforcement through contempt proceedings, wage garnishment, or liens.
Because the judgment is final, the respondent cannot simply ignore it. Their rights and obligations are legally fixed unless the court later grants relief from default.

Practical Tips for Both Sides
For Petitioners:
• Ensure that service of process is done correctly—defective service can void a default.
• Keep detailed records of efforts to notify your spouse.
• Prepare clear, organized financial disclosures and proposed orders to streamline the default hearing.

For Respondents:
• Do not ignore a summons. Even if you believe reconciliation is possible, file an appearance to preserve your rights.
• If you miss a deadline, act quickly. Courts are more willing to vacate a default when the delay is short and the excuse reasonable.

Why Default Should Be a Last Resort

Although a default can provide closure, it often leads to resentment and post-judgment litigation. Whenever possible, Illinois courts encourage participation, negotiation, and settlement. A respondent who engages in the process can protect their financial interests, parenting time, and long-term stability.
Still, the default process exists for a reason—it ensures that one party’s refusal to cooperate cannot hold the other hostage in a failed marriage. With proper service, careful preparation, and attention to procedural rules, a petitioner can obtain a valid, enforceable judgment even without the other spouse’s involvement.