vacating a default order

lillipad70 · Nov 19, 2009

What is the name of your state (only U.S. law)? IL

I did not respond to the original complaint filed by my husband and he filed for a default order and got it since it had been more than 30 days. I decided to hire a lawyer and he has filed a motion to vacate the default order. However, he really has not told me how that works. If my motion to vacate the default order goes in front of a judge, could my husband be present and make counter arguments to keep the default in place? Or would this just be between my lawyer and the judge?

Gracie3787 · Nov 19, 2009

lillipad70 said:
What is the name of your state (only U.S. law)? IL

I did not respond to the original complaint filed by my husband and he filed for a default order and got it since it had been more than 30 days. I decided to hire a lawyer and he has filed a motion to vacate the default order. However, he really has not told me how that works. If my motion to vacate the default order goes in front of a judge, could my husband be present and make counter arguments to keep the default in place? Or would this just be between my lawyer and the judge?

Of course your husband will have the opportunity to appear and testify as to why the order should not be vacated. That's how our court system works, both sides have the legal right to be heard.

I have to ask, why didn't you respond to the original complaint?

ETA: Dam, I should read the history before posting. It helps if you keep all related questions in one thread:

https://forum.freeadvice.com/divorce-separation-annulment-36/default-divorce-491377.html

vacating a default order

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lillipad70

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