Facebook Twitter Our Blog
Search
Anderson and Associates, P.C.

Free Initial Consultation

630-653-9400

Subscribe to this list via RSS Blog posts tagged in divorce petition

Posted on in Divorce

Wheaton divorce petition lawyerWhen a person files a petition for divorce, they are required to make the other person in the relationship aware of the petition by legally serving them with the divorce papers. Once the divorce petition has been served, the other party has a window of 30 days to file a response. After the respondent has filed a response, a hearing date will be set. In rare cases, it is possible that the person being served will not respond to the divorce petition in time. If that does happen, the court may judge the divorce to be a default divorce.

What Can Happen With a Default Divorce?

If the respondent does not file their response to a divorce petition in time, a default divorce will occur. Since the court does not have a response from the other party, they will typically grant the requests in the initial divorce petition after a brief hearing. These requests can involve issues such as spousal maintenance or child support payments, property division, or child custody.  

If you are served with divorce papers, it is possible to ask for an extension before filing a full response. If an extension is granted, the petitioner will not be able to ask for a default judgment right away. After the judgment has been granted, there is also a limited period of time in which the respondent can ask the court to reconsider the judgment. It is usually necessary to have a legitimate explanation for why you did not respond to the divorce petition, and it is likely the judge will ask for proof of your explanation. 

...
Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Address
400 S. County Farm Road, Suite 320
Wheaton, Illinois 60187
630-653-9400
Address
1515 E. Woodfield Road, Suite 640
Schaumburg, IL 60173
847-995-9999
Address
20 N. Clark Street, Suite 3300
Chicago, Illinois 60602
312-345-9999
Address
15255 West 94th Avenue, Suite 201
Orland Park, IL 60462
708-226-9904
Back to Top