When a marriage has ended, the process of divorce can be a difficult one. Unfortunately, it is possible that one spouse may not want to end the marriage, leaving the other spouse to figure out what to do if their spouse refuses to divorce. This article will discuss the steps a person should take if their spouse won’t agree to divorce and how they can navigate this situation in a respectful and peaceful manner.
What Are Divorce Papers?
Divorce papers are legal documents that must be filed with a court to initiate divorce proceedings. A divorcee who has received the document of dissolution of the civil union must acknowledge that they have received the notification by filing a response with their nearby courthouse and submitting a composed response for the court’s remarks. Divorced individuals have up to 30 days to make full use of the response after it is sent to them, then it can be considered as a default divorce. This means that the spouse has failed to meet the requirements outlined by Illinois law, and the filing spouse will typically receive what they asked for in their divorce petition.
What if My Spouse Refuses Divorce?
If there is a spouse unwilling to divorce, divorce proceedings can still occur when in the state of Illinois. Illinois is a no-fault state, so a spouse filing for divorce does not need to prove that another spouse caused the end of the marriage. This can be beneficial for couples who prefer not to divorce, as they don t need to agree on who was at fault. However, a spouse refusing to divorce can argue against no-fault divorce and aim to place blame on the opposite spouse. In this case, the filing spouse must prove that the couple had irreconcilable differences that caused their marital relationship to fail.
What Steps Are Necessary if My Spouse Refuses Divorce?
If your spouse refuses to divorce or ignores the required paperwork after 30 days, the filing spouse is able to request a default judgment. The spouse will still be notified that they have been named a default. Both spouses will be notified of a court date to discuss divorce proceedings. During the divorce hearing, the court shall render a decision about the divorce agreements and provisions in favor of either spouse, if at least one spouse disagrees, it will go to the filing spouse. If a spouse is noncompliant, Illinois is typically willing to grant their own desires during the hearing.
Contact Wilson, Dabler Law Today
Wilson Dabler Law Firm, located in Belleville Illinois, provides experienced legal guidance to those dealing with a spouse refusing divorce. We will work to provide the best outcome for you and your family.
Wilson, Dabler & Associates, L.L.C.
14 South Second Street
Belleville, IL 62220
Satellite Office (by appointment only)
216 North Market Street
Waterloo, IL 62298
8:30am-4pm on Fridays
Closed for lunch from Noon-1pm
After Hours Appointments Available