If you’re seeking a divorce in Illinois and your spouse refuses, you may feel trapped in a marriage you no longer wish to continue.
However, Illinois law provides pathways for individuals to pursue a divorce, even if one party is not willing to cooperate.
No-fault divorce in Illinois
Illinois is a “no-fault” divorce state, meaning that a spouse does not need to prove the other party’s wrongdoing to be granted a divorce. The only grounds for divorce are “irreconcilable differences.”
If your spouse refuses to acknowledge this, the court can still proceed with the divorce if the couple has lived separately for six months or more. This separation can be physical or emotional; the court will typically view this as proof that the marriage is irretrievably broken.
Filing for divorce without your spouse’s consent
You can still move forward if your spouse refuses to participate in the divorce process. Once you file for divorce, your spouse will be served with divorce papers. If they refuse to respond, the court may issue a default judgment. This means the court will grant the divorce based on the information you provide, even without your spouse’s input.
Working with an attorney
Navigating a contested divorce can be complicated. Seeking help is essential if your spouse refuses the divorce. An attorney can help protect your rights and guide you through the process to secure a fair outcome, even if your spouse remains uncooperative.
Ultimately, while a spouse may delay the process, they cannot prevent the divorce from happening in Illinois. Knowing your rights and options is essential when it comes to filing for divorce, especially if your spouse refuses to cooperate with the legal process.
