Divorce terminates a marriage. Once a couple is divorced, they are free to marry others. There is no reversing a divorce. Legal separation does not end a marriage, but it can provide important legal protections to spouses who have stopped living together.

Illinois law allows couples to separate and address many of the same issues that they would address during divorce while still remaining married. Legal separation is much less common than divorce, however, it may be preferred over divorce in some situations.   

Understandably, nearly every divorce involves a certain degree of contention. Divorcing spouses may harbor guilt, resentment, frustration, anger, and grief over the end of the relationship. These intense emotions can make it even harder for spouses to cooperate during a divorce. However, some divorce cases are more contentious than others. If your ex is refusing to sign divorce papers, discuss divorce issues like property division, or allocation of parental responsibilities, you may be unsure of what to do. Read on to learn about Illinois divorce law and how to handle a non-cooperative spouse in an Illinois divorce.

Can I Get a Divorce if My Ex Will Not Participate?

If you are like many people in this situation, you may wonder if it is possible to get divorced without the other spouse’s participation. Can a spouse delay the divorce inevitably by refusing to sign the divorce paperwork? Fortunately, it is possible to get divorced even if your spouse tries to prevent the divorce.

On May 20, Dion U. Davi, founding attorney of Davi Law Group, LLC, will be installed as President of the Cook County chapter of the Justinian Society of Lawyers. We are proud to recognize Dion for this honor and accomplishment, as well as for his service to the Illinois legal community throughout the last two decades.

The Justinian Society of Lawyers was founded in Chicago in 1921 as an association of attorneys of Italian heritage. It has since grown to encompass more than 250 lawyers throughout Cook and DuPage Counties, many of whom have held prominent positions in the local community as well as in the Chicago Bar Association and the Illinois State Bar Association. 

Dion has served as an officer in the Justinian Society for many years, first in the DuPage County chapter from 2006 to 2011, including as President from 2010 to 2011. Since 2016, he has served Cook County’s founding chapter in roles including Secretary, Treasurer, 3rd Vice President, 2nd Vice President, and most recently, 1st Vice President from 2020-2021.

At Davi Law Group, our blog serves as a resource to answer questions and provide information and updates about family and divorce law in Illinois. We address issues related to child custody, parental rights, and adoption to help our readers understand the legal processes involved. Here, we look back at 10 blogs that our readers found most useful in 2020:

1. How Does a Sex Offender Conviction Impact My Parental Rights? - We discuss possible restrictions on parenting time and decision-making due to a parent’s criminal sex offense conviction.
2. DCFS Investigations in Illinois - What Are Your Rights And How Can You Protect Them? - We help parents understand the process of an investigation by the Illinois Department of Children and Family Services and how they can protect their parental rights.
3. Illinois Divorce Basics: How Long Will You Receive Alimony Payments? - We explain how the amount and duration of alimony or spousal support are calculated according to Illinois law.
4. Emancipation of Minors in Illinois - We look at situations in which a child under the age of 18 can pursue independence from their parents.
5. Terminating Parental Rights in Illinois - We discuss the criteria for declaring a parent unfit and terminating their rights, particularly during the adoption process.
6. 5 Things to Get “Right” When a Guardian Ad Litem Has Been Appointed to Your Child Custody Case - We outline the role of a Guardian Ad Litem or child representative in family court and discuss how parents should handle interactions with them.
7. A Guide to Adult Adoptions in Illinois - We walk through the process and requirements for legally adopting a person over the age of 18 in Illinois.
8. Who Has Custody Over Your Child If There Is No Court Order? - We answer the complicated question of how custody rights are handled in cases of child abduction when parents are unmarried and have not established a custody order in court.
9. Marriage Basics: How to Get a Marriage License in DuPage County Illinois - We provide information for DuPage County couples regarding how, when, and where they can obtain a license to marry.
10. What Are Grandparent Rights in Illinois? - We look at cases in which a child’s grandparents and certain other relatives can petition for custody and visitation rights.

Contact a DuPage County Family Law Attorney

We hope you benefit from the information found in our blogs, and we are available for a free initial consultation when you are looking for qualified legal advice specific to your case and an attorney who can advocate strongly on your behalf. Contact our Wheaton family lawyers today by calling 630-580-6373.

While most parents only want what is best for their children, there are those who are more focused on “winning” than the child’s best interest. Some may even go so far as to commit parental alienation. In today’s post, you will learn more about parental alienation, including how to determine if your child may be a victim, and what actions can be taken to protect the child. 

What is Parental Alienation?

Minor issues, such as arguments in front of the kids and ill-spoken words are fairly common in the initial stages of a divorce or separation. Though still harmful, these negative behaviors typically dissipate over time. Each parent heals from their grief or anger, sees the nature of their wrongs, and strives to improve for the benefit of the child. 

Parental alienation is different, specifically in terms of severity and the long-term continuance of the offending parent’s poor behavior. Their reasons behind it are varied (i.e. a need or desire to control, fear of losing the child’s love or affection, wanting to hurt or get even with the other parent), but the results are often devastatingly similar. The child suffers mentally and emotionally and, as a result, they may develop maladjustment issues, such as an identity crisis, depression, or even outright hatred toward a parent that they once loved dearly.