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Can divorce papers be signed if both parties agree after a motion of default has been filed by the petitioner?

Aurora, IL |

I am the petitioner of dissolution of Marriage(pro-se). My husband was in jail and did not appear in court. We assumed it would be granted. Judge ordered me to file a notice and motion for default. I did, and sent him certified mail with both documents. He is now out of jail, resides several hundred miles away and we both agree on the divorce. Is there any easy fast way to finalize the divorce without several courtdates?He is not contesting and not appearing in court,I am doing this on my own, We both want this done easily and quickly, Can he appears in court for motion for default and explains he is not contesting and in agreement to finalize the divorce? any other way to speed up the process?No children, no martial property, only small amount of debt to be split equally Kendall county IL

Attorney Answers 4


  1. If you have sent a notice to your husband of your intent to seek a default and he does not appear in court on the date set for your motion, then he will be found in default and you can proceed with your default without him. He does not need to come to court but of course has the right to do so. Good luck.


  2. judy is correct. however, another answer is for you to withdraw your motion for default, settle the case with your husband, have him file an appearance, conclude the case with your agreement.


  3. You start by having your husband file an appearance with the clerk of court. Then, on your default court date, ask the judge to set a prove-up date. Find out what papers you need him to sign.


  4. Your question points out the two different tracks that do-it-yourself divorcers often fall into.
    Default allows the petitioner to get whatever judgment they have asked for in their petition, while an agreed divorce requires the participation of the respondent.

    Your husband should appear and be prepared to file an appearance. This will allow the agreements that you have made with him to be incorporated into the divorce judgment. Generally, parties feel better about an agreed non-contested divorce than one entered
    against them by default.

    You are on the right track and almost there! If you have any questions, consult a qualified
    attorney who practices in that area. Good luck.

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