Can I Make a Big Purchase During an Illinois Divorce?
Getting served with divorce papers is a bad day, even when you saw it coming. The next 30 days matter more than almost any other stretch of the case. What you do, and do not do, in that window can shape everything that follows.
What Being Served Actually Means
Service means someone, usually a sheriff's deputy or a private process server, handed you a Summons and a copy of the Petition for Dissolution of Marriage. That moment starts the clock. It also triggers an automatic protective order printed right on the summons, which we cover below.
If you were served by mail, by publication, or your spouse's lawyer just texted you a PDF, the rules differ. Service by publication, used when a spouse cannot be located, follows a different timeline and different obligations. Do not assume a text message or a phone call from your spouse counts as service. It does not. Only formal service under the court rules starts the 30 day clock, so if you are unsure whether you were actually served, or served correctly, that is a question worth asking an attorney before you do anything else.
The 30 Day Clock
Under Illinois Supreme Court Rule 101(d), a summons must require the person served to file an appearance, and typically an answer, within 30 days of service. That is not 30 business days. It is 30 calendar days, and the day you were served does not count toward the total. Weekends and holidays count, though if the deadline lands on a weekend or court holiday it usually pushes to the next business day.
Filing an Appearance tells the court you are in the case. In Will County, the appearance fee is $239. That is separate from the $364 filing fee your spouse already paid to open the case. Filing the appearance alone does not answer the petition's allegations, but it stops the clock on a default. You or your attorney will also need to file a response or answer, either alongside the appearance or shortly after, addressing what the petition actually asks for.
What the Summons Stay Does, and Does Not Do
Printed on the summons is a notice about the Dissolution Action Stay under 750 ILCS 5/501.1. It takes effect automatically the moment you are served, with no separate order needed and no fee to request it. It restrains both spouses from physically abusing, harassing, intimidating, or interfering with each other, and from hiding a minor child of the marriage from the other parent.
What it does not do is freeze your bank accounts or stop either spouse from spending money. Illinois has no automatic financial freeze at the start of a divorce. If either spouse wants that kind of protection, they have to ask the court for it under 750 ILCS 5/501, a separate provision that lets a judge issue a temporary restraining order or injunction against unusual transfers, sales, or borrowing while the case is pending. Until an order like that exists in your case, read it carefully, because violating it can mean contempt.
If You Do Nothing
Ignoring a divorce summons does not make the case go away. Under 735 ILCS 5/2-1301(d), if you fail to appear or plead, the court can enter a judgment by default. That means the judge can grant what your spouse asked for in the petition, on property, support, and parenting time, without hearing your side of it. You can sometimes ask the court to set the default aside, but that motion has to be filed within 30 days of the judgment and the court has to find it reasonable to grant. It is a much harder position than simply showing up the first time, and it can cost more in legal fees to undo than it would have cost to respond on time.
What to Gather in the First 30 Days
- The Summons and Petition themselves, with the date and method of service noted
- Recent pay stubs or income records for both spouses, if you have them
- Bank, retirement, and credit card statements for the last several months
- The mortgage statement or deed for any home you own
- A list of major debts and who is on each one
- Any existing parenting schedule, informal or otherwise, if you have children
What Not to Do
A few mistakes are common in the first 30 days, and they are avoidable.
- Do not ignore the summons. Even if you plan to settle everything amicably, file an appearance so you have standing in the case and a voice on the record.
- Do not retaliate. Angry texts, calling your spouse's employer, or showing up unannounced can end up quoted in a filing. Judges remember who kept their composure.
- Do not drain accounts or move money to protect it. Property acquired or spent up until the judgment is generally still marital property under Illinois law. If a court finds you spent marital money for a purpose unrelated to the marriage while the case was pending, that spending can be charged back against your share later. If you are worried about your spouse doing this, that is exactly what a Section 501 restraining order is for. Ask your attorney about it instead of taking matters into your own hands.
None of this means you have to have every document gathered or every decision made inside 30 days. It means you show up, on the record, so the case moves forward with your voice in it instead of without it.
When to Get Help
The first 30 days set the tone for the rest of the case. If you were just served, or you know a summons is coming, do not wait until day 29 to talk to someone. Jeff McCarthy has handled Illinois divorce cases for more than 30 years and represents clients throughout Lockport, Joliet, and Will County. Call (815) 838-5297 to talk through what just landed in your hands.
Related: Divorce & Legal Separation · Illinois family law FAQ
Questions People Ask
How many days do I have to respond after being served with divorce papers in Illinois?
Under Illinois Supreme Court Rule 101(d), you generally have 30 calendar days from the date of service to file an appearance and typically an answer. The day you were served does not count toward the total, and weekends and holidays count too, though a deadline landing on one usually pushes to the next business day. Missing this window risks a default judgment.
Does getting served with divorce papers freeze my bank accounts in Illinois?
No. The automatic Dissolution Action Stay under 750 ILCS 5/501.1 takes effect the moment you are served, but it only bars abuse, harassment, and hiding a child from the other parent. It does not freeze property or bank accounts. Either spouse has to separately ask the court for a temporary restraining order under 750 ILCS 5/501 to get that kind of financial protection.
What happens if I ignore a divorce summons in Illinois?
Under 735 ILCS 5/2-1301(d), if you fail to appear or plead, the court can enter a judgment by default, granting what your spouse asked for in the petition on property, support, and parenting time without hearing your side. You can sometimes ask the court to set the default aside, but that motion must be filed within 30 days of the judgment and the court has to find it reasonable to grant.
