Contesting Grounds for Divorce: Can You Save Your Marriage?

 Posted on August 08, 2014 in Divorce

When a couple marries, both parties enter into the relationship voluntarily. Unfortunately, the same cannot always be said for a couple that divorces. One party might want to end the marriage, while the other party might be looking for a way to save it. However, once a spouse files a divorce petition, it is probably too late for the non-petitioning spouse to preserve the marriage. Illinois law allows spouses to contest the grounds of a divorce, but an attempt to legally deny it all together will likely be futile.

Before a court will grant a petition for dissolution of marriage, the petitioning party must establish grounds for divorce.

Staving Off Divorce through Irreconcilable Differences

If the petitioner cannot prove that the respondent is at fault, then he or she may argue that irreconcilable differences have doomed the marriage. At this point, the respondent might choose not to cooperate. Before Illinois law will allow the dissolution of a marriage due to irreconcilable differences, the parties must have lived apart for at least two years. That requirement may be waived if the parties have lived apart for at least six months, but only if both consent in writing.

If the respondent refuses to consent, the petitioner has to wait the full two-year period. But refusing consent will not prevent dissolution upon these grounds. It will only delay the inevitable.

Requesting a Conciliation Conference

The respondent’s best hope is to request that the court order a conciliation conference. If the court determines that there is a prospect of reconciliation, it may order this conference (note that the court may also make this order on its own accord, without being requested to do so). But if reconciliation does not work, the court will not force the issue. You have the right to marry and you also have the right to divorce. The state will not compel anyone to stay married if he or she does not want to be married.

Divorce is always difficult, whether it is an amicable separation, a contentious blowup, or completely one-sided. No matter your situation—if you are filing for divorce, hoping for mediation, seeking child custody, or looking to protect your financial assets—we can help. Contact one of our experienced St. Charles divorce attorneys today for a consultation. We will fight for your interests and help you get through this emotional process.