Time-Sensitive

Responding to Divorce Papers in Illinois

You've been served with divorce papers. You have 30 days to respond. Here's what you need to do to protect your rights.

30-Day Deadline

Missing this deadline can result in default judgment - your spouse gets what they asked for without your input.

What Does "Responding" Mean?

When you're served with a Petition for Dissolution of Marriage, you must file a response with the court within 30 days. This can be:

  • Appearance: A simple document telling the court you're participating in the case
  • Answer: A formal response to each allegation in the Petition (admit, deny, or lack knowledge)
  • Counter-Petition: Your own requests for property, custody, and support (optional but often advisable)

What Happens If You Don't Respond?

Day 31+

Your spouse can file a Motion for Default, asking the court to proceed without you.

Default Entered

The court grants default. You lose the right to contest the terms your spouse proposed.

Judgment Entered

Judge approves your spouse's requests for property, custody, and support. You're bound by these terms.

Default judgments are extremely difficult to overturn. Courts require you to show a meritorious defense AND a valid reason for missing the deadline.

Step-by-Step: How to Respond

1

Note the Date of Service

Your 30-day clock starts when you received the papers. Mark this date.

2

Read the Petition Carefully

Understand what your spouse is asking for: property division, custody, maintenance, child support.

3

Consult an Attorney

An attorney can explain your options and prepare appropriate response documents.

4

File Your Response

File your Appearance, Answer, and/or Counter-Petition with the court clerk before the deadline.

5

Serve Your Spouse

Send a copy of your filed documents to your spouse's attorney (or your spouse if unrepresented).

Appearance vs. Answer vs. Counter-Petition

Appearance

Tells the court you exist and want to participate. Minimum required filing.

✓ Quick and simple

✓ Stops default

⚬ Doesn't dispute allegations

Answer

Responds to each paragraph: admit, deny, or lack sufficient knowledge.

✓ Puts issues in dispute

✓ Preserves defenses

⚬ More complex to draft

Counter-Petition

Your own requests for property, custody, support - different from what they asked.

✓ Makes your own claims

✓ Full protection

⚬ Requires filing fee

Just Served? Don't Wait.

The 30-day clock is ticking. Get experienced representation to protect your rights, assets, and time with your children.

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