Illinois Compiled Statutes

750 ILCS 5/405 (2026)

Hearing on Default - Notice

✓ current as of May 2026
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(750 ILCS 5/405) (from Ch. 40, par. 405)
    Sec. 405. Hearing on Default - Notice. If the respondent is in default, the court shall proceed to hear the cause upon testimony of petitioner taken in open court, and in no case of default shall the court grant a dissolution of marriage or legal separation or declaration of invalidity of marriage, unless the judge is satisfied that all proper means have been taken to notify the respondent of the pendency of the suit. Whenever the judge is satisfied that the interests of the respondent require it, the court may order such additional notice as may be required. All of the provisions of the Code of Civil Procedure relating to default hearings are applicable to hearings on default.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 3 cases, 1994–2011 · leading case: In Re Marriage of Jackson, 631 N.E.2d 848 (Ill. App. Ct. 1994).
In Re Marriage of Jackson, 631 N.E.2d 848 (Ill. App. Ct. 1994). · cites it 4× “" (750 ILCS 5/405 (West 1992).) Because the trial court was informed that the parties were living together and respondent was unaware the petition had been set for hearing, the court should have required notice to respondent.”
In Re Marriage of Lichtenauer, 945 N.E.2d 119 (Ill. App. Ct. 2011). “The court then gave detailed findings applying the factors to be considered when making a maintenance award under section 504 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/405 (West 2008)). The court found that Joanne’s monthly net income, based upon…”
In re Marriage of Lichtenauer (Ill. App. Ct. 2011). “The court then gave detailed findings applying the factors to be considered when making a maintenance award under section 504 of the Illinois Marriage and Dissolution of Marriage Act 14 (Act) (750 ILCS 5/405 (West 2008)). The court found that Joanne’s monthly net income, based…”
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