Can I Stop My Spouse From Divorcing Me? 

 Posted on April 29, 2025 in Divorce

Hearing that your spouse wants a divorce can be heartbreaking, especially if you believe your marriage still has a chance. In Illinois, many people wonder whether they can stop a divorce from happening simply because they do not agree with it. Unfortunately, under Illinois law, you cannot prevent your spouse from obtaining a divorce — but you still have important rights and opportunities to protect your interests. Our Wheaton divorce lawyer can help you understand your options and how to move forward during this difficult time. 

Does My Consent Matter in an Illinois Divorce?

Illinois is a no-fault divorce state, which means a spouse does not need to prove that the other did something wrong to file for divorce. The only ground for divorce in Illinois is irreconcilable differences, which is a complex way of a very simple idea: The marriage has reached the point where the couple cannot repair it.

Even if you do not want the divorce, your spouse can still move forward. The court does not require both parties to agree. If one person testifies that the marriage is broken and efforts to fix it have failed, the divorce can proceed.

What If I Refuse to Participate in the Divorce Process?

Some people try to stop the process by refusing to respond to divorce papers or declining to attend court hearings. While this may delay things slightly, it will not stop the divorce. If you do not respond, your spouse can ask the judge for a default judgment, meaning the court may grant whatever terms your spouse requested in the initial filing, including very important issues related to property, parenting time, and support.

By choosing not to participate, you risk losing your voice in decisions that affect your finances and your children. Instead, it is better to take an active role in the process and ensure your rights are protected.

Can We Try Counseling or Reconciliation?

Maybe, and in some cases, the court may agree to a short delay in the divorce proceedings to give you both time for marriage counseling. However, this delay is not automatic. Both spouses must agree to the counseling or the judge must find that reconciliation is a reasonable possibility. If your spouse is unwilling to try, the court is unlikely to force the issue.

How an Attorney Can Help You Respond Effectively

Although you cannot stop your spouse from filing for divorce, you can still make sure the process is fair. A skilled divorce lawyer can help you:

• Negotiate a parenting plan that protects your time with your children

• Argue for a fair division of marital assets and debts

• Address concerns about spousal maintenance (alimony)

• Stand up for your interests in mediation or litigation

Attorney Dion U. Davi has extensive experience in family law and previously served as an Assistant State’s Attorney in DuPage County, giving him a strong understanding of the local courts and judges. He helps clients take thoughtful, strategic action — even when divorce feels out of their control.

Contact a Wheaton, IL Divorce Lawyer for a Free Consultation

If your spouse has filed for divorce and you do not know what to do next, you are not alone. Contact a DuPage County, Illinois divorce attorney at Davi Law Group to schedule your free consultation. Call 630-657-5052 today to learn how we can help you navigate the legal process and protect your future.