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Ex didn't show up to court

Posted by on Apr. 29, 2013 at 11:26 AM
  • 7 Replies
We had our first court date for the divorce Wednesday. My ex didn't show up or have anyone there to represent him. Because of that we go into default. Does anyone know anything about that? I'm not 100% certain what it means. I read up on line, but I was hoping to hear some real life experience.
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by on Apr. 29, 2013 at 11:26 AM
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Replies (1-7):
tottaxi
by Silver Member on Apr. 29, 2013 at 12:16 PM

Was another hearing date set?

Do you have an attorney?  What state do you live in?

Google "default divorce in (your state).  It will tell you what the next steps should be.

RLSMOM59
by Silver Member on Apr. 29, 2013 at 12:43 PM

A default is when one person does not respond. He is essentially agreeing to everything that is in your complaint. If you asked for CS, you get it; alimony - yep, the house, -yep, him to pay all bills - yep., no visitation - yep, whatever.

There should not be another hearing set but you should reveice your final decree with the judges ruling within two weeks (depending on how busy he/she is). 

songbird2716
by on Apr. 29, 2013 at 7:03 PM
The final hearing date was set for June. Yes, I have a lawyer. We live in Illinois. And like I said, I've done a bunch of research. I was just wondering if anyone else had a similar experience.

Quoting tottaxi:

Was another hearing date set?


Do you have an attorney?  What state do you live in?


Google "default divorce in (your state).  It will tell you what the next steps should be.

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songbird2716
by on Apr. 29, 2013 at 7:04 PM
They gave us a final court date in a month, but my lawyer says he suspects we can settle before then. I'm not sure how that would work tho since my ex is choosing to ignore everything.

Quoting RLSMOM59:

A default is when one person does not respond. He is essentially agreeing to everything that is in your complaint. If you asked for CS, you get it; alimony - yep, the house, -yep, him to pay all bills - yep., no visitation - yep, whatever.

There should not be another hearing set but you should reveice your final decree with the judges ruling within two weeks (depending on how busy he/she is). 

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tottaxi
by Silver Member on Apr. 29, 2013 at 7:16 PM
1 mom liked this

I'm not sure about the settling before the June date, but I think that if at the June hearing stbx does not show up then you will receive a default judgement.  BUT, I think that even after that that when stbx receives the paperwork regarding the default judgement that he will still have 30 days to file a motion.  Illinois is terrible for drawing this crap out for MONTHS, so I wish you good luck for a speedy resolution!!!

just4ds10ee
by Member on Apr. 30, 2013 at 6:18 PM

My ex did not show up for our final court date for the divorce either...therfore by default  the judge told me I would just get everything I asked for in the divorce... unfortunately I do not get the child support that was court ordered because ex works under the table...quit his job which earned him $95000 annually...

songbird2716
by on Apr. 30, 2013 at 7:19 PM
My ex is military, so that's not an issue here.

Quoting just4ds10ee:

My ex did not show up for our final court date for the divorce either...therfore by default  the judge told me I would just get everything I asked for in the divorce... unfortunately I do not get the child support that was court ordered because ex works under the table...quit his job which earned him $95000 annually...

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