If your spouse files for divorce in Illinois, you typically have 30 days to respond. You need to file an Entry of Appearance form. At the same time, you must either pay the filing fee associated with the form or apply for a fee waiver.
In some cases, couples already agree on all the issues, such as the division of property or child custody. They can request a hearing where they explain the terms of the agreement to the judge and request that the divorce be granted. In other cases, couples are not on the same page regarding key issues like custody rights, so they need to set up an initial hearing, move through the court process, and have a judge make a decision on their behalf.
Whether you and your spouse already agree on the terms or not, however, you have a 30-day deadline that must be met.
What if you miss the deadline?
If you miss the deadline and do not file the appropriate response within 30 days, your spouse can request a default judgment. This means the judge can enter a default divorce, granting the dissolution of the marriage even without your input. Ignoring the divorce petition can delay the process, but it certainly does not make the divorce impossible.
However, if you do this, you will lose your chance to be involved in important decisions regarding the terms of the divorce. It is generally best to respond promptly and begin looking into your legal options.
Moving through a divorce case
Many couples are going through a divorce for the first time, so they do not know exactly what the process entails, and it can feel overwhelming. If you are in this position, it can help to work with an experienced Illinois divorce attorney.
