Default Decree

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

My husband filed for divorce pro se in August of this year. I did not enter an appearance. Since my husband was not asking for anything in the divorce (we were only married for a little over one month at that time) I didn't feel it necessary to waste my time and money and energy for a marriage to what turned out to be an abusive man - to women and children. I was told by an attorney that if I did not enter an appearance the court case would go on without me, and since my husband wasn't asking for anything, other than the dissolution, it should be cut and dry.

Case management was set for November 20. Upon reviewing the online information regarding this case there was a "default decree" entered. I can only assume this is because I did not make an appearance. According to the court files my husband made an appearance, however there is no future date set for a hearing. Wouldn't there be a hearing date set to proceed with the default judgment for divorce? I know there is additional paperwork that is required to proceed with the default judgment, and an additional hearing would be scheduled. I spoke with a member of the circuit clerk's office and they indicated it seemed "weird" that there was no further hearing date scheduled. Shouldn't I be receiving court documents or updates via process server for everything - my husband is not allowed to contact me as an order of protection has been issued. I have received nothing except a copy of the original petition. It's my understanding, after speaking the the clerk's office and a legal secretary, that I should be receiving any and all paperwork relating to this case regardless of my appearance status, and there should have been more paperwork generated by this time.

I'm beginning to wonder if my husband is up to something, or if the pause in the case is normal under these circumstances. What would be the normal next step in this process?

Any guidance or advice would be greatly appreciated!What is the name of your state (only U.S. law)?

evelyn45 said:

What would be the normal next step in this process?

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The next normal step would be for you to consult with an attorney rather than getting your legal advice from a legal secretary and court clerk.

Since your STBX is doing this pro se, you may have not been served, properly or otherwise, with the default decree.

Perhaps you should get a copy of the default decree and see what it says.

I'm actually waiting for a phone call back from the attorney who's secretary I've already spoken with. Thank you. I was just hoping to get additional guidance from someone knowledgeable here as well. Better to have several opinions than just one!

Is there a way to demand or ensure he serve me properly with court documentation? If he has not been properly serving me, I would assume this would be something I could use against him once I get my lawyer involved.

evelyn45 said:

Is there a way to demand or ensure he serve me properly with court documentation? If he has not been properly serving me, I would assume this would be something I could use against him once I get my lawyer involved.

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If you were not properly served, it MAY void everything that's been done so far. However, don't jump the gun - if there are no custody issues to be settled and no property division issues, you may be better off to just let it go rather than adding time and money in going back and repeating or contesting things.

What is the problem with the default decree that's already been submitted?

That's just it, no one can tell me what the decree is for. When I spoke with the clerk's office no one could make any sense of it. They all thought is was very strange as nothing was laid out in the decree, and no further hearing dates were noted. I will be most definitely getting a copy as soon as possible so I can see things myself. I live two hours away from the courthouse, so the trip will take a little bit of planning.
This entire situation is completely frustrating, and your advice is greatly appreciated.
Haven't heard back from the attorney's office yet either....

If I decided at this point to become involved in the divorce, how would I go about doing so? Or do I even have that option at this point?

evelyn45 said:

If I decided at this point to become involved in the divorce, how would I go about doing so? Or do I even have that option at this point?

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The advice you get here is going to be applicable for a normal situation. If your decree is really that unusual and if none of the standard processes are being followed, you really need to do whatever your attorney says to do.