Filing a motion to default
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Filing a motion to default
I’m getting an uncontested divorce. Papers are filed and summons was served to her on 08/01. She told me she wasn’t going to court and has 30 days to file an appearance by law. I filed motion to default on 08/18 and certified mailed then to her and have court for prove up hearing on 09/06. Is it going to be an issue with filing motion before 30 days?
Asked on August 22, 2017 under Family Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your request for default will be denied because you did not wait thirty days from the date your spouse was served to file for default. Your spouse has thirty days from the date served to file an answer. The date served is the date the documents were delivered.
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