Can I Get Divorced If My Spouse Does Not Want To?
Posted on October 18, 2024 in Divorce
Deciding to end a marriage is never easy, but it is particularly difficult when one spouse does not want a divorce. In Illinois, however, one spouse cannot prevent the other from getting a divorce. If you are living in Kane County and wondering whether you can get divorced even if your spouse refuses to cooperate, the answer is yes — you can.
Illinois is a "no-fault" divorce state, which means that as long as one spouse believes the marriage is irretrievably broken, they can move forward with the divorce, even without the other spouse’s consent. Let our experienced Illinois divorce attorneys help you take a closer look at how this works and what you need to know.
What Does "No-Fault" Divorce Mean?
In Illinois, the law no longer requires a spouse to prove fault — such as adultery, abuse, or abandonment — to get a divorce. Instead, the only ground for divorce is "irreconcilable differences," which means that the marriage has broken down to the point that repairing it is not possible. You do not need your spouse’s agreement to claim irreconcilable differences, which makes it easier to move forward even if your spouse disagrees.
The Separation Requirement
To get a divorce based on irreconcilable differences, Illinois law generally requires that you and your spouse live "separate and apart" for six months. This does not necessarily mean you have to live in separate homes — you can still live under the same roof as long as you are not functioning as a married couple.
If your spouse contests the divorce and refuses to agree that the marriage is irreparable, the six-month separation period becomes important. Once you have been separated for at least six months, the court will consider it enough proof that irreconcilable differences exist. Your spouse cannot stop the divorce at this point, and the court will grant the dissolution.
What Happens If My Spouse Refuses to Participate?
Even if your spouse actively resists or refuses to participate in the divorce process, you can still move forward. Once you file for divorce and serve your spouse with the papers, they have a set amount of time to respond. If they refuse to respond or participate, the court may enter a "default judgment" in your favor. This means the divorce will proceed without their input, and the court will make decisions regarding division of property, child custody, and support based on the information you provide. If your spouse initially cooperated but now will not, a judge may find him or her in contempt of court.
How Can a Divorce Attorney Help?
While you do not need your spouse’s consent to get divorced, navigating the legal system can still be challenging. An experienced divorce attorney can help you through each step, from filing the initial paperwork to negotiating property division, child custody, and support. If your spouse is being uncooperative, an attorney can help ensure that your rights are protected and that the divorce process moves forward as smoothly as possible.
Contact a Geneva, IL Divorce Attorney
If you are considering divorce but are unsure how to proceed because your spouse is refusing to cooperate, you do not have to face this challenge alone. A Kane County, IL divorce attorney at The Law Offices of Douglas B. Warlick & Associates can help you take the necessary steps to move forward with your divorce. Contact us at 630-232-9700 to schedule a consultation and discuss your legal options.
