Default Divorce in Illinois: What Happens When Your Spouse Doesn't Respond

Your spouse has 30 days from the date of service to file a written appearance and response with the circuit court. If that deadline passes with no response, you can file for a default judgment and move the case toward finalization without their participation.

The 30-Day Response Window

The clock starts when the respondent is formally served — not when you file the petition. Service can happen through a county sheriff, a licensed private process server, or substitute service at the respondent's home. The method matters because if service was defective, the 30-day countdown never actually started, and any default judgment you obtain can be overturned.

Make sure the Proof of Service is filed with the circuit clerk. Without it, the court has no official record that the response deadline has begun.

Filing the Motion for Default

After 30 days with no response, file these documents:

1. Motion for Default — asks the court to enter a default against the non-responsive spouse
2. Affidavit of Military Service (or Non-Military Affidavit) — required under the Servicemembers Civil Relief Act. You must certify whether the respondent is on active military duty, since active-duty members have the right to request a stay of proceedings
3. Notice of Motion — served on the respondent at their last known address, informing them of the default motion hearing date

The court may enter the default on the motion papers alone, or it may schedule a brief hearing.

The Default Prove-Up Hearing

A default does not mean automatic approval of everything you requested. The judge still holds a prove-up hearing where you must:

• Testify under oath about your residency, the marriage, and the breakdown
• Present the signed proposed Judgment for Dissolution
• Submit the Marital Settlement Agreement (even though only you signed it, the terms must be reasonable)
• Show evidence that service was properly completed and the 30-day deadline expired

The judge evaluates whether your proposed terms — property division, maintenance, child support — are fair and reasonable, not just one-sided. If the terms appear unconscionable, the judge can modify them or refuse to enter the decree.

What the Court Can and Cannot Do in a Default

Full personal jurisdiction (personal service completed): The judge can order property division, maintenance, child support, and parenting allocation against the absent spouse.

Limited jurisdiction (service by publication only): If you served by publication because your spouse could not be located, the court can dissolve the marriage but cannot enter personal financial judgments. Property in the respondent's sole name, support obligations, and custody orders are generally off the table.

Can Your Spouse Overturn a Default?

Yes. Under 735 ILCS 5/2-1301, the respondent can file a motion to vacate the default judgment within 30 days of its entry. Beyond 30 days, they would need to file a petition under Section 2-1401, which requires showing a meritorious defense and a reasonable explanation for the failure to respond — illness, never actually receiving the papers, or other excusable circumstances.

A properly served spouse who simply ignores the papers has a much harder time overturning a default than someone who can show they never received them.

Timeline for a Default Divorce

From the date you file the petition:

• Service of process: 1 to 3 weeks (longer if multiple attempts are needed)
• 30-day response window: runs from date of service
• Motion for Default filing and hearing: 1 to 3 weeks after the deadline
• Prove-up hearing: scheduled based on court availability (could be days in a low-volume county or weeks in Cook County)

Total realistic timeline: 2 to 4 months from filing.

Getting the Paperwork Right

The default path has strict procedural requirements — improper service, a missing military affidavit, or inadequate notice of the motion hearing can invalidate the entire default. The Illinois Divorce Filing Process Guide covers the complete default sequence, including the service documentation, motion templates, and prove-up hearing checklist.

See more Illinois guides →