Can I Get a Divorce When My Spouse Refuses to Sign?

Divorce isn’t always approached from the same perspective. You’ve made up your mind for a divorce; your spouse, meanwhile, is set on the opposite. A spouse’s refusal to cooperate can make the divorce process all the more difficult to endure. If you’re wondering whether you can still move forward without their signature, though, the answer is yes. In Illinois, there are legal options that allow you to obtain a divorce even when facing an uncooperative spouse.

At Sabuco Beck, P.C., we have helped numerous individuals through contentious divorce circumstances. We can stand by your side through the challenges presented by an uncooperative spouse.

Default Judgment: When Your Spouse Won’t Respond

The divorce process officially starts when you submit a Petition for Dissolution of Marriage to the court. Your spouse must be properly served with these papers and has 30 days to respond. If there is no response after this period, you can file a motion for default requesting the court to proceed without your spouse’s participation.

After filing your motion, the judge may schedule a hearing. This is meant to give your spouse one final opportunity to appear and explain their position. If they fail to attend or no hearing is scheduled, the judge will likely grant your divorce and approve reasonable requests regarding child custody, support, and property division.

Contempt Petition: Help Enforcing Court Orders

The most serious form of non-cooperation occurs when your spouse directly violates court orders, which can include the terms of a default divorce judgment. This could include actions like failing to pay temporary support or ignoring custody arrangements.

Filing a Contempt Petition:

If your spouse violates a court order, you can file a Contempt Petition to notify the judge of the violation. Your spouse will then be required to appear in court and explain their actions.

Potential Consequences Include:

• Financial violations – Orders to pay lump sums
• Non-financial violations – Requirements to complete specific actions within set timeframes
• Body attachment – Arrest warrant if compliance isn’t achieved

Judges treat court order violations seriously and can impose contempt penalties to ensure compliance with their judgments.

Finding Options to Move Forward with Confidence

Divorce in Illinois doesn’t have to require the agreement of both spouses to proceed. While dealing with an uncooperative spouse may extend the timeline for the divorce process and increase stress, these legal approaches allow opportunities for you to still achieve a resolution. The key is understanding your options and taking appropriate action with legal aid when potential roadblocks arise.

If you’re facing challenges with an uncooperative spouse, experienced legal guidance can be the help you need to find a way forward. At Sabuco Beck, P.C., our Joliet divorce attorneys have over 90 years of combined experience helping clients handle complex legal situations. We understand the emotional weight divorce often carries, working diligently to protect your interests while consistently treating you with the care and respect you and your circumstances deserve.

Let us assist you through the challenges of your divorce. Contact Sabuco Beck, P.C. today to discuss the specifics of your situation and learn how we can help you achieve the resolution you are seeking.