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What happens after a default judgement in a divorce case? Can the result from the judgement be changed later?

Algonquin, IL |
Filed under: Divorce Divorce appeals

After my divorce case is eligible for a default, how long do I have to wait to get the default judgement? Can my spouse still fight and appeal the default judgement result? How much time does she have to do something to dismiss the judgement?

Attorney Answers 2


There are safeguards in place that require you to inform your ex of the default judgment. Example: The motion for default and a copy of the default judgment must be mailed to her - proof of those mailings are filed with the court. After the judgment for divorce is entered, the time to vacate is 30 days. After 30 days, she can still move for it, but it's very very difficult to get.

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She can move to vacate the judgment up to 30 days following its entry if everything is on the up and up.

She has two years to try to set the judgment aside for certain reasons, and she has forever to set it aside if there was fraudulent concealment of pertinent financial information.

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