You’ve made the incredibly difficult decision to end your marriage. You’ve told your spouse, and they’ve responded by stonewalling you and refusing to cooperate. Are you stuck, or is there a path forward?
The short answer is yes, you can get divorced even if your spouse refuses to sign the papers. No one can force you to stay married to someone you no longer want to be with. However, a spouse’s refusal to sign can make the process take longer. Here’s what you need to know.
The divorce process in Illinois
In general, the steps to get divorced in Illinois include:
- Filing a “Petition for Dissolution of Marriage” in the Illinois county where at least one of the divorcing spouses resides. Technically, there is no waiting period to file the petition, but one party must have lived in Illinois for at least 90 days before judgment can be granted.
- Asserting the grounds for divorce. Illinois is a no-fault divorce state, so the only grounds for divorce are “irreconcilable differences.” This means you must either live separately for six months or simply assert to the court that there is a breakdown of the marriage, all efforts at reconciliation have failed, and further attempts to reconcile would not be in the best interest of the family.
- Resolving any disputed issues pertaining to the divorce, including division of property, spousal support/alimony, child custody, child support, and so on. Usually, this is done through a negotiated separation agreement that is then approved by a judge. If the parties cannot agree, the court will decide at trial.
Most divorces are ultimately uncontested. That doesn’t mean they aren’t difficult or even contentious. It just means that the divorcing spouses are ultimately able to come to a resolution. But if your spouse refuses to even engage with the process, things can get more difficult.
How the process changes if your spouse won’t sign the paperwork
Again, your spouse can’t stop the divorce by refusing to sign the paperwork. The first step in this situation is to have your spouse formally served with a copy of the divorce petition. Once served, under Illinois law, they generally have 30 days to respond. Otherwise, the court can enter a default judgment.
If your spouse ignores the papers or even avoids service, they still can’t drag out the process forever. Under Illinois law, it’s possible for the court to enter a default ruling if one party chooses not to participate.
Alternatively, your spouse might try to drag out the process by skipping hearings, filing motions, or asking the court for extensions. These types of steps can make the process take longer, which is frustrating, but they can’t drag it out forever. At some point, the judge will step in and enter a judgment dissolving the marriage.
Why you need an attorney if your spouse won’t cooperate
There are several reasons it can be helpful to retain an attorney if your spouse is refusing to sign the divorce paperwork. First, the very act of hiring an attorney sends a strong signal that you’re serious about the divorce, which may get your spouse thinking more realistically. Second, an attorney, as a professional who is removed from the emotions of the situation, may be able to get your spouse to see reason and participate in the process. We see this happen often: once professionals get involved, spouses who were at each other’s throats are able to come to the table and negotiate a solution.
Furthermore, if your spouse still refuses to participate, your attorney can take appropriate steps to get the process moving forward. That may mean opposing requests for extensions of time or even asking the court to impose sanctions on your spouse.
In addition, remember that even in a default divorce scenario, you won’t necessarily get everything you’re asking for. Ultimately, your divorce still has to be approved by a judge, and the judge will make sure that the terms of the divorce are within the bounds of the law and not obviously unfair to either party. If you have children, the court still has to decide child custody based on the best interests of the child, not the best interests of the parent who shows up in court. An experienced divorce lawyer can build your case for the resolution you need to start fresh after the end of your marriage.
In short, if you want a divorce and your spouse is refusing to cooperate, you need legal advice right away. Give us a call or contact us online to speak with an experienced divorce lawyer at Courtney Clark Law, P.C.
“Charles Courtney delivered outstanding representation. He took a complicated, emotionally charged situation and brought clarity, strategy, and control to every step of the process. His guidance, preparation, and courtroom presence made a major difference and helped deliver the outcome my family needed. I would recommend him without hesitation to anyone dealing with a challenging family law case.” – Garry C., ⭐⭐⭐⭐⭐