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What Can I Do If My Ex Refuses to Sign Divorce Papers?

Posted on in Family Law

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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.

Presently, the only “ground” or legal justification for divorce in Illinois is “irreconcilable differences.” Even if your ex denies that there are irreconcilable differences, you can still get divorced. Illinois law states that if a couple lives separately for at least six months, the “irreconcilable differences” standard is automatically met.

What If My Spouse is Missing?

Some spouses try to evade an impending divorce by moving out and not telling their spouse where they are. They may stay with friends or family or even leave the state to avoid divorce. However, you can still get a divorce with a missing spouse. To do so, you must first make genuine attempts to serve notice of the divorce to the spouse. This may include calling people who your spouse may still be living with, attempting to contact your ex at his or her last place of employment, and serving notice of the divorce in the newspaper.

Getting a Default Judgment in Illinois

When you file your divorce petition with the court, the respondent, meaning the other spouse, has 30 days to respond to the petition. If the respondent does not respond, you can ask the court to enter a “default judgment.” When the court enters a default judgment, the petitioner is granted whatever he or she asked for in the initial petition.

Contact a Wheaton Divorce Lawyer

If you want to divorce your spouse but he or she will not cooperate, contact a DuPage County divorce attorney from Davi Law Group for help. Call 630-657-5052 for a free consultation today.




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