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How to Deal with a Spouse Who Does Not Agree to a Divorce

Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, IL child custody lawyer, Spouse Who Does Not Agree to a Divorcecannot deny a divorce, there are ways they can prolong the process and make your life as difficult as possible. The following information provides insight on how to deal with a spouse who does not agree to a divorce.

My Spouse Will Not Respond to My Divorce Petition

In Illinois, the only acceptable reason to cite for divorce is irreconcilable differences, which can be cited by either spouse in the Petition For Dissolution of Marriage. The spouse who files the petition is referred to as the petitioner, while the other spouse is referred to as the respondent. Once the petition has been filed with the court, a hearing will be scheduled. It is the filing spouse’s responsibility to notify the other spouse of the petition and the hearing. Once the notice is served, the respondent has 30 days to respond to the notice and state whether or not he or she intends to contest the divorce.

If your spouse does not respond to the notice or does not show up to the hearing, you have the right to request a default judgment. A default judgment is typically in favor of the filing spouse and can determine things such as how property will be divided or how child support will be ordered. Before the court grants the default judgment, they may schedule another hearing. If your spouse does not show up to this hearing, the default judgment is typically granted.

I Cannot Find My Spouse

If your spouse is missing in action and you cannot find him or her, you can still get a divorce, but it may be a bit more difficult. If you want a divorce and your spouse is missing or unreachable, you must show to the court that:

  • You made reasonable attempts to get into contact with your spouse by serving notices at his or her last known residence and workplace.
  • You contacted people who may know of your spouse’s whereabouts.
  • You had notice of your divorce petition published in a newspaper or other publication that is distributed in the area your spouse was last living.

A DuPage County Divorce Attorney Can Help You Exercise Your Rights

If your spouse does not agree to a divorce and is fighting and disagreeing with you from the very beginning, you are probably in for a fairly stressful divorce. You need help from knowledgeable Elmhurst, IL divorce lawyers who have plenty of experience helping contentious situations. At Weiss-Kunz & Oliver, LLC, we have helped hundreds of clients through their contentious divorces, even if they involve complicated issues such as dealing with highly-valuable assets or a spouse who refuses to agree to a divorce. To schedule a consultation, call our office today at 312-605-4041 to see how we can help you.




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