Illinois Default Divorce — What to Do When Your Spouse Won't Respond (2026)

Your spouse was served. 30 days have passed. No response. In Illinois, you can proceed to a default Judgment.

What Is an Illinois Default Divorce?

A default occurs when the respondent fails to file an appearance or answer within 30 days of service. Once default is entered, you can proceed to a prove-up hearing without your spouse's participation.

Step-by-Step: Illinois Default Divorce

Step 1 — File and Serve

File Petition at Circuit Clerk. Serve spouse through sheriff ($25–$60). Response deadline: 30 days after service.

Step 2 — Wait for Deadline

After 30 days with no response, proceed.

Step 3 — File for Default

File a Motion for Default with the Circuit Clerk. Some counties use a specific default form — check your county's requirements.

Step 4 — Prepare Proposed Judgment

Complete your proposed Judgment with the terms you're requesting. Be reasonable — judges review default judgments carefully.

If children: include Parenting Plan and child support calculation. The best interest standard applies regardless of whether your spouse appeared.

Step 5 — Schedule Prove-Up Hearing

Contact the court to schedule. Bring your proposed Judgment, MSA, and supporting documents.

Step 6 — Attend Default Prove-Up

Appear alone. Present your proposed terms. Judge signs Judgment if satisfied.

Step 7 — File Signed Judgment

Get certified copies. Done.

Service by Publication (Spouse Can't Be Found)

1. File motion for service by publication with documentation of diligent search
2. Court authorizes publication
3. Publish in a local newspaper of general circulation once per week for 3 consecutive weeks
4. After final publication, defendant has 30 days to respond
5. Cost: approximately $150–$250 in newspaper fees

Timeline and Cost

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.