The Appellate Court agreed with wife’s argument that the trial court should not have entered a default judgment against her. It had contained a joint custody order. It contained full detail on how the parties were to share responsibilities and time with the children. It divided up the assets between the parties. It divided the debt between the parties.
Husband had advised the court that the parties were still living together. However, the wife had not been informed that a default hearing had been scheduled.
Nevertheless, the court refused to vacate the default judgment. Wife had waited 18 months to set her motion to vacate the default judgment. The court did find the husband’s behavior distasteful. But, wife had simply sat on her rights too long.
IRMO Jackson, 259 Ill.App.3d 538.