Your spouse doesn’t what a divorce in Illinois – now what?
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Your spouse doesn’t what a divorce in Illinois – now what?

On Behalf of | Oct 15, 2021 | Divorce |

Divorcing someone who doesn’t want to be separated makes the process much more difficult. For one, it could be quite challenging to come into an amicable agreement because your spouse refuses to participate, and you are left with all the work to do to make the process a success. Here is what you can do in Illinois when your partner refuses to divorce.

Why is it difficult to divorce a reluctant spouse?

Divorcing someone who refuses to participate in the legal process is typically challenging. For instance, the state of Illinois requires both partners to produce their financial information to determine how to divide their marital assets. If your spouse is unwilling to get separated, they might withhold on providing the required information and cause a long, drawn-out divorce.

You will have to get almost everything on your own or through a third party. This will include asking the court to directly subpoena records from the financial institutions you are associated with, credit card companies and the bank. If you own any business, bonds or stocks, you will need to get this information as well.

How to divorce an unwilling partner in Illinois

Illinois is a no-fault state; this means that you or your partner doesn’t have to prove fault to get divorced. All the reason you need to give to proceed with your divorce is that your marriage is irretrievably broken. Once you serve your spouse with divorce papers, they have 30 days to respond; otherwise, you can ask the court to set up a default hearing for your partner.

If your spouse refuses to show up to the default hearing, the Illinois court can decide to grant you a default divorce. This means that your partner won’t have a say in the divorce process and judgment. If your spouse responds to the petition but still refuses to show up in court or take part in the divorce process, the judge will proceed with the marriage dissolution as if it were uncontested.

Divorcing a reluctant spouse requires patience, understanding and the willingness to complete extra steps. The process can be more challenging, but it’s not impossible.

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