My Spouse Doesn’t Want a Divorce But I Do — Can I Still Get Divorced in Chicago?
There is no question that for most Chicago couples and individuals the Chicago divorce process is not easy. However, ending a marriage in Chicago can feel even more complicated when a person’s soon-to-be ex-spouse simply does not agree, and does not want a divorce. Accordingly, if you are a married individual living in Chicago and you are ready to file for divorce but your spouse is not, you may be wondering whether their refusal can put a wrench in, or even totally halt, the Chicago divorce process. The good news is that the simple answer is typically “no:” in Chicago, you may still be able to get an order of divorce even if your spouse does not agree to it. To help individuals in Chicago who are seeking a divorce better understand their rights under Illinois marriage and divorce laws, we explain why here.
Chicago Divorces and Illinois’ “No-Fault” Divorce Law
Before diving into the issue of whether a person can get a divorce if their spouse does not want one in Chicago, it is important to discuss the laws that apply to Chicago divorces. Illinois is a no-fault divorce state, which means that a person seeking a divorce does not have to prove that their spouse did something wrong (like adultery, financial waste, or domestic abuse) in order to get divorced. Instead, in Chicago divorce cases, the only legal reason required is that the marriage has broken down beyond repair due to irreconcilable differences. Accordingly, even if only one spouse believes that the marriage cannot be saved, that is generally enough for a judge to grant a divorce in Chicago, even if the other spouse disagrees.
What Can My Spouse Do to Throw a Wrench in the Chicago Divorce Process?
In many Chicago divorce cases, a spouse who does not want a divorce may try to delay the process by refusing to participate. The unwilling-to-get-divorced spouse might avoid being served divorce papers, fail to respond to court documents, or simply not show up for hearings. The important thing to keep in mind is that while this behavior can slow things down, it is unlikely to stop the divorce case from moving forward in the process. In addition, if your soon-to-be ex-spouse refuses to respond or participate at all, the court has the authority to enter a default judgment. This means the judge can grant the divorce and make decisions about property, support, and custody without your spouse’s input, as they failed to respond.
Getting Legal Help with Your Chicago Divorce Case – Chicago Divorce Lawyer
One of the things that individuals seeking a divorce in Chicago should know is that if one spouse is delaying the process, or is uncooperative, it is critical to follow the correct and proper legal steps to better ensure that you get an order of divorce in your case, finalizing the end of the marriage. Working with an experienced Chicago divorce lawyer on your case is the best way to ensure that you are following all the rules and laws to a “T.” If you are in the Chicago area and you need legal help with your Chicago divorce case, contact the experienced Chicago divorce lawyers at the law firm Arnoux Sharma Standeford, LLC. Contact Arnoux Sharma Standeford LLC and speak with a lawyer about your case now.
