August 31,2021

Divorce, Family Law

Can Your Divorce Be Denied in Illinois?

HomeBlogDivorceCan Your Divorce Be Denied in Illinois?

If you are facing a divorce, you may have heard horror stories about things like divorces that are denied altogether. Divorce is complicated and emotionally fraught enough – without having unnecessary scare tactics thrown your way. Ultimately, your divorce cannot be denied in the State of Illinois, but the process can become far lengthier and more complicated than it needs to be (if your divorcing spouse chooses to send it in this direction). If you are heading toward a divorce, don’t delay consulting with an experienced Oak Brook, Illinois, divorce attorney today. 

In Illinois, There Are No Divorces that Are Based on Fault

Fault-based divorces are no longer supported in the State of Illinois, which means that every divorce in the state is based on irreconcilable differences that do not need to be proven and that either spouse can claim. As such, your divorce cannot – ultimately – be denied. If your divorcing spouse, however, chooses to do so, he or she can make the divorce process especially lengthy, complicated, and ugly – to the point that it feels like it will never be finalized. Many states do allow divorces that are based on fault, but the majority of divorces in the United States are no-fault. While a fault-based divorce may be denied on the basis of the fault claimed, this fact cannot stop either spouse from obtaining a no-fault divorce in that state. 

Failing to Meet the Legal Requirements

The most likely reason for your divorce to be denied in the State of Illinois is for failing to dot your administrative i’s and cross your administrative t’s. In truth, divorce is a complicated legal process that requires careful attention and exacting efforts. If you fail to fulfill any of the necessary requirements, it can lead to a denial, but this denial will amount to a costly delay and not to an outright denial of your divorce. The requirements that are most likely to be botched include:

  • Fulfilling the court’s exacting procedural requirements
  • Fulfilling the 90-day residency requirement 
  • Fulfilling the requirement to file in the appropriate county
  • Fulfilling the six-month separation requirement

Ultimately, you’re far better off working closely with an experienced divorce attorney from the outset – who will help to ensure that your financial and parental rights are well protected throughout the process and who will help you avoid costly procedural errors that only serve to delay your divorce.

Don’t Wait to Reach out to an Experienced Oak Brook Divorce Attorney for the Legal Help You Need

While your Illinois divorce cannot, in the end, be denied, it can be delayed considerably. Cameron H. Goodman at Goodman Law Firm in Oak Brook, Illinois, is a savvy divorce attorney who recognizes how difficult a protracted, messy divorce can be and is committed to helping you bypass as many complications, roadblocks, and setbacks as possible – in pursuit of divorce terms that protect your rights and work for you. To learn more about how we can help you, please do not hesitate to contact us today.


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