Asked in Divorce for Illinois

Q: My husband (Has O.P.) had filed divorce (12/18) and I wont have funds for a response until 2/27/19

My husband (whom I have an order of protection) has filed for divorce 12/18/18. They have tried to service me once on 1/3/18. I wont have the funds for a response until 2/21/18. Will that be too late. How many times will they try to serve me before entering default?

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1 Lawyer Answer

A: If your husband or his attorney knows where you live, it should not be possible to get a default judgment against you until 30 days after you have been served with a copy of the Summons and the Petition for Dissolution of Marriage. If a default judgment is taken against you, you should have 30 days after that during which to have an attorney ask that the default judgment be vacated. This undoes the default judgment altogether.

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