default divorce

[lillipad70]

IL. My husband plans to file for something called a default divorce. He says he can do this because I did not respond to his settlement offer 60 days ago or to the summons I recieved 35 days ago. I have been trying to repair our marriage so I did not want to sign anything. So what happens now? Is there any way I can slow this process down? If not, will I at least get what he offered in the settlement offer?

[Proserpina]

Originally Posted by lillipad70

IL. My husband plans to file for something called a default divorce. He says he can do this because I did not respond to his settlement offer 60 days ago or to the summons I recieved 35 days ago. I have been trying to repair our marriage so I did not want to sign anything. So what happens now? Is there any way I can slow this process down? If not, will I at least get what he offered in the settlement offer?

What exactly was the summons?

What did the settlement offer relate to?

[lillipad70]

The settlement offer was for 1 year of alimony (6K), health insurance for 1 year and 1/2 his 401K and pension during our 2 year marriage. We don't have any significant marital assets since he owned his home and car before marriage. Financially, he did not ask for anything from me.

When I didn't respond, he filed wih the courthouse anyway and I was served by the sheriff. I had 30 days to respond and either agree to or contest the divorce. I think I could also add counterclaims. I was trying to work on my marriage so I really did not pay much attention to either.

[Proserpina]

Originally Posted by lillipad70

The settlement offer was for 1 year of alimony (6K), health insurance for 1 year and 1/2 his 401K and pension during our 2 year marriage. We don't have any significant marital assets since he owned his home and car before marriage. Financially, he did not ask for anything from me.

When I didn't respond, he filed wih the courthouse anyway and I was served by the sheriff. I had 30 days to respond and either agree to or contest the divorce. I think I could also add counterclaims. I was trying to work on my marriage so I really did not pay much attention to either.

You may wish to speak with an attorney; if you did not answer the complaint (the summons) chances are your husband got exactly what was requested in his filing. You seem to have been served properly so there is very little (if anything) you can do to appeal.

[lillipad70]

I'm embarrassed to admit this, but I didn't really read the complaint and was so mad at the time I shredded it. Now it sounds like the divorce will go through and I don't have a clue with what I will end up with afterward. A girlfriend of mine said that her lawyer told her she would get nothing if she did not respond. But she responded so I don't know if that is really true. Now I'm scared with what will happen. Is getting nothing possible? Or would the filing have included what was in the settlement offer?

I have an appointment with a lawyer next week, but he has already told me there may be nothing he can do and he could not answer any specific questions without a 1,500 retainer first. If there is nothing he can do, I'm not sure the answer to my question is worth 1,500.

[mistoffolees]

Originally Posted by lillipad70

I'm embarrassed to admit this, but I didn't really read the complaint and was so mad at the time I shredded it. Now it sounds like the divorce will go through and I don't have a clue with what I will end up with afterward. A girlfriend of mine said that her lawyer told her she would get nothing if she did not respond. But she responded so I don't know if that is really true. Now I'm scared with what will happen. Is getting nothing possible? Or would the filing have included what was in the settlement offer?

I have an appointment with a lawyer next week, but he has already told me there may be nothing he can do and he could not answer any specific questions without a 1,500 retainer first. If there is nothing he can do, I'm not sure the answer to my question is worth 1,500.

There are more details needed to answer your question. I would call other attorneys - you should be able to find one who will give you an initial consultation for a nominal fee and then you can decide whether to pursue it.

If there has been no final hearing and the decree has not been finalized, you may still have a chance to get changes made - particularly if the proposed default is ridiculously one-sided. There are also issues like whether you were properly served, and so on. So it's not certain that you'll get nothing more than your stbx offered, but it's certainly not going in your favor right now.

[lillipad70]

Originally Posted by mistoffolees

There are more details needed to answer your question. I would call other attorneys - you should be able to find one who will give you an initial consultation for a nominal fee and then you can decide whether to pursue it.

If there has been no final hearing and the decree has not been finalized, you may still have a chance to get changes made - particularly if the proposed default is ridiculously one-sided. There are also issues like whether you were properly served, and so on. So it's not certain that you'll get nothing more than your stbx offered, but it's certainly not going in your favor right now.

Thanks, all I really wanted to know is if I would still be getting a settlement. From what I know, his settlement offer wasn't too bad, although the attorney I talked to said he would have asked for a few thousand more in alimony. But I could easily blow that much on legal fees.

[Bali Hai]

Originally Posted by lillipad70

Thanks, all I really wanted to know is if I would still be getting a settlement. From what I know, his settlement offer wasn't too bad, although the attorney I talked to said he would have asked for a few thousand more in alimony. But I could easily blow that much on legal fees.

The alimony was clearly bad advice, instead of getting 1 year alimony you should have asked for lifetime alimony for a whole 2 year marriage!!

[mistoffolees]

Originally Posted by lillipad70

Thanks, all I really wanted to know is if I would still be getting a settlement. From what I know, his settlement offer wasn't too bad, although the attorney I talked to said he would have asked for a few thousand more in alimony. But I could easily blow that much on legal fees.

If you don't do anything, you will get whatever is proposed in the default judgment. Call the court clerk for a copy if you don't have it.

If the default judgment says that you get $xxx and you don't show up for the hearing, you'll still get $xxx.