A spouse can actually refuse to sign the divorce papers they are served with. That doesn't mean that they can put a complete stop to the process though. You are allowed to file for the dissolution of your marriage in Illinois even if your partner does not consent to it.
Contested divorces in Illinois involve the following steps: Petition Filed. One party in the couple files a petition for the dissolution of marriage and is referred to in the document as the petitioner. Service of Process. Discovery. Negotiation. Trial. Post-Trial Motions.
It is not necessary for both spouses to agree to a divorce to dissolve a marriage in the state of Illinois. There are legal ways the other spouse can continue the divorce filing if one spouse refuses to go through with a divorce.
Default: To obtain a default judgement and finalize the divorce without your spouse's participation, you must: Receive permission from the judge through a court order. Complete a Motion for Default, an Affidavit as to Military Service, and a Proof of Delivery and e-File them.
Each party usually has an attorney, or they represent themselves. Contested divorces take anywhere from six months to a year or even longer. They are usually the longest type of divorce. This is because they usually have the most court involvement and the most disagreement between spouses.
An Illinois marital settlement agreement is a contract used by a married couple to set out their decisions concerning property rights, child custody, spousal support (alimony), and other related matters during divorce proceedings.
If a couple decides to divorce there are a number of steps that must be taken before the divorce can be granted. The first step is to file a petition for divorce in the county in which one or both of the parties reside.
If your spouse still does not appear on the hearing date the judge in some cases can issue a default ruling awarding you a divorce. The fastest way to get a divorce in Illinois is to get an uncontested divorce.
Uncontested. An uncontested divorce is the cheapest method. In an uncontested divorce, parties agree on the vast majority of things and file together.