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August 24,2021

Child Support, Collaborative Divorce, Divorce, Family Law

Goodman Law Firm

How Can You Get a Divorce if Your Spouse Won’t Sign?

HomeBlogDivorceCollaborative DivorceHow Can You Get a Divorce if Your Spouse Won’t Sign?

If you have come to the difficult conclusion that you need to pursue a divorce, you may find yourself concerned about how your spouse might gum up the works, and the truth is that, if he or she chooses to do so, your spouse can make the already difficult and lengthy divorce process that much more so. What your spouse cannot do, however, is stop you from obtaining the divorce you seek. Consulting with an experienced Oak Brook, divorce attorney is the most important first step that you can take.

Your No-Fault Divorce

Illinois no longer supports fault-based divorces, and it is one of only a handful of states that have adopted this approach. This means that, regardless of the roadblocks that your spouse chooses to throw out against the divorce you seek, all they can do is stall the process – they cannot stop the divorce itself from ultimately being finalized. While fault may play a very pivotal role in your desire to obtain a divorce, it won’t be a relevant factor in the divorce process and will not affect your divorce terms, including:

  • Parental responsibilities and parenting time
  • The division of your marital property
  • Child support 
  • Alimony (called spousal support in Illinois)

The one exception to this rule is that if your spouse has wasted marital assets – such as by spending lavishly over the course of an affair – it can affect how the court divides your marital property. 

Your Spouse’s Decision Not to Sign

When you file for divorce, you will have your spouse served with a copy of your divorce petition and the attendant court date. From here, your spouse has 30 days to respond and to let the court know if he or she will be contesting the divorce on the assigned court date or not. If your spouse chooses not to respond within this time frame, it leaves you open to request a default ruling from the court, which effectively cuts your spouse’s voice and arguments out of the proceedings. In reality, however, the court is very likely to extend this time limit and to allow your soon-to-be-ex another opportunity to respond. In the end, default rulings are quite rare. 

The Act of Not Signing

The most salient point to make about your spouse’s decision not to sign and respond to your divorce filing is that, if he or she is willing to go to this extreme (which could negatively affect his or her own rights), you can expect your divorce to be a knock-down-drag-out and should prepare accordingly. 

Reach out to an Experienced Oak Brook Divorce Attorney Today

If you’re facing what you fully expect to be a contentious divorce, you need a practiced Oak Brook divorce attorney in your corner, and Cameron H. Goodman at Goodman Law Firm fits the bill. Cameron dedicates his impressive practice to helping clients like you obtain the least painful divorces possible – while protecting their parental and financial rights throughout. To learn more about how we can help you, please don’t wait to contact us today.

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