Help! My Spouse is Refusing to Cooperate During Our Divorce

 Posted on December 07, 2021 in Divorce

When a couple gets married, they have high hopes of building a life together. Few ever consider that the marriage may not work out. Unfortunately, people change, and marriages sometimes end. If your marriage has turned sour, you may want to get divorced.

Divorce is a legal process involving both spouses. Consequently, you may wonder if you can get divorced even if your spouse refuses to cooperate or sign the paperwork. The answer is, “Yes,” however, the divorce process may be challenging both personally and legally.

Spouses May Try to Block a Divorce

Some spouses cannot accept that their marriage is over. They believe that the marriage is still salvageable and that divorce is the wrong move. This can be extremely frustrating for the spouse seeking a divorce. If you have found yourself in this situation, you should know that you have options. Your spouse cannot deny you a divorce. However, he or she can drag out the process and make it more difficult than it needs to be. An experienced divorce lawyer can be a tremendous asset in a situation like this.

You May Be Able to Get a Default Divorce Judgment

The person who files for divorce is the petitioner and the person who responds is the respondent. The respondent has 30 days to respond after receiving notice of the impending divorce. If he or she does not respond or fails to show up at the initial hearing, you can request a default judgment. Once you make this request, the court will set a date for a default judgment hearing. If your spouse fails to show up at this hearing, you will likely be issued a default judgment. This means that the divorce will proceed without your spouse’s input or participation.

Meeting the Grounds for Divorce

Another question many people have is whether a spouse can block a divorce by contesting the grounds for divorce. The “grounds” are the legal justifications or reasons a person seeks a divorce. Fortunately, Illinois is a “no-fault” divorce state and the only grounds for divorce are “irreconcilable differences.” Even if your spouse contests that there are irreconcilable differences, you can prove that there are irreconcilable differences by living apart from your spouse for at least six months.

Contact a DuPage County Divorce Lawyer

Your spouse cannot prevent you from getting divorced. However, an uncooperative spouse can make your divorce much more complicated and frustrating. If your spouse is trying to block the divorce or drag out legal proceedings, contact a Wheaton divorce lawyer for help. Call Davi Law Group at 630-657-5052 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59