Many Illinois divorce cases start when one spouse files a divorce petition, and that paperwork is then served to the other. Even if the couple is on the same page regarding the divorce and both plan to go through with it, one of them may still be the first to take this official step.
If you receive divorce papers from your spouse, you generally then have 30 days to file your response. If you and your spouse have already been talking about a divorce and gone over some of your plans, you may respond almost immediately. But if you are surprised or even blindsided by the divorce petition, you do have some time to consider your options before you have to submit the paperwork to the court.
What if you do not respond?
There are those who think that failing to respond to a divorce petition will effectively delay or even prevent the divorce from happening. Maybe you do not want your marriage to end, so you tell your spouse you are not going to respond because you are not going through with the divorce. You think the two of you should go to couples therapy or something of this nature.
The key thing to remember is that the divorce can still proceed. After the 30-day deadline, your spouse can request a motion for default. The court then has the option to go through the divorce process without your involvement and issue a default divorce judgment. Failing to respond just delays the process slightly, but it does not prevent it.
Considering your legal options
Addressing these types of deadlines and filing requirements is one of the first steps to take when getting a divorce. As your case moves forward, be sure you are well aware of your legal options and how to proceed.