Can I File for Divorce if My Spouse Does Not Agree?

 Posted on February 28, 2025 in Divorce

Divorce can be complicated, and it can become even more difficult when one spouse refuses to cooperate. If you have found yourself in this situation, you may wonder whether you can proceed with a divorce without your spouse’s agreement. While an uncooperative spouse can delay the process, he or she cannot stop it entirely. The guidance of a knowledgeable Illinois divorce lawyer can make all the difference when it comes to navigating this process and protecting your rights. 

Do Both Spouses Have to Agree to Divorce in Illinois?

Illinois law does not require mutual consent in order to divorce. A spouse may file for divorce based on irreconcilable differences, meaning the marriage is beyond repair.

If one spouse contests the divorce, the court may require proof that the marriage has broken down. However, if the spouses have lived separately for at least six months, the court will presume irreconcilable differences exist and allow the divorce to proceed. This means that even if your spouse refuses to participate, the court can still grant a divorce.

What If My Spouse Ignores the Divorce Papers?

If your spouse does not respond to the divorce petition, you can still move forward with the process. As a general overview, the divorce process typically involves:

• Filing for Divorce: You must file a Petition for Dissolution of Marriage with the court.

• Serving Your Spouse: Your spouse needs to receive official notice of the divorce through a process server, sheriff, or another approved method.

• Waiting for a Response: If your spouse does not respond within 30 days, you can ask the court for a default judgment, which allows the divorce to proceed without his or her participation.

• Finalizing the Divorce: If everything is in order, the court may grant the divorce without your spouse’s involvement.

Can My Spouse Delay or Stop the Divorce?

A reluctant spouse cannot prevent a divorce, but he or she may do things in an attempt to delay it. Common tactics include refusing to sign documents, ignoring court notices, or challenging the divorce terms. If your spouse cannot be located, you may need to serve them through alternative methods, like a publication in a local newspaper.

If your spouse actively contests the divorce by disagreeing with issues such as property division or child custody, the process may take longer. However, a judge ultimately makes the final decisions if the spouses cannot reach an agreement.

How Can a Lawyer Help If My Spouse Will Not Cooperate?

Even when a spouse refuses to cooperate, an attorney can help you navigate the legal process as efficiently as possible and protect your best interests. A divorce attorney can help you:

• Follow proper legal procedures to ensure your case progresses

• Handle the service of documents if your spouse is avoiding them

• Request a default judgment if your spouse refuses to participate

• Advocate for your rights in court, especially if your spouse contests the divorce

Contact a Kane County, IL Divorce Attorney

If your spouse refuses to agree to a divorce, you still have legal options. A St. Charles, IL divorce lawyer at Goostree Law Group can assist you through this challenging process. Call 630-584-4800 today to schedule a free consultation and learn more about what options are available.