Filing a motion to default

UPDATED: Oct 1, 2022

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Filing a motion to default

I’m getting an uncontested divorce. Papers are filed and summons was served to her on 08/01. She told me she wasn’t going to court and has 30 days to file an appearance by law. I filed motion to default on 08/18 and certified mailed then to her and have court for prove up hearing on 09/06. Is it going to be an issue with filing motion before 30 days?

Asked on August 22, 2017 under Family Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your request for default will be denied because you did not wait thirty days from the date your spouse was served to file for default. Your spouse has thirty days from the date served to file an answer. The date served is the date the documents were delivered.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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