If your spouse refuses to cooperate with your divorce, this can be really frustrating. However, Illinois law doesn’t allow one spouse to stop a divorce. If they ignore paperwork, refuse to negotiate, or get in the way in other respects, there are things you can do about it. It can be difficult to navigate on your own, so legal representation is critical in these cases.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We are ready to help you, even if your spouse won’t cooperate with the divorce.
How No-Fault Divorce Works in Illinois
Illinois is now a no-fault divorce state. You don’t need a spouse’s permission for a divorce, or prove that there has been some type of wrongdoing. You must only state that you have irreconcilable differences, the only ground for divorce in Illinois. This is presumed if you and your spouse have already lived separate and apart for at least six months.
Even if your spouse tries to deny it, your testimony can show why the marriage has broken down. Your spouse can’t prevent the divorce, even if they deny irreconcilable differences.
What Non-Cooperation Looks Like
Spouses may refuse to participate in the divorce process in several ways, including:
- Ignoring the divorce petition
- Failing to file a response
- Not providing financial disclosures
- Not appearing for hearings or mediation
- Refusing to negotiate or sign a settlement agreement
- Attempting to delay proceedings through repeated cancellations or non-compliance
While these behaviors can slow the process, they do not stop it. Illinois courts have tools to address each type of non-cooperation.
What Happens If Your Spouse Ignores the Divorce Petition
When you file the divorce, your spouse has to get served a copy of the petition. After they are served, they have 30 days to file a response to the motion. If they are properly served and don’t file a response, the process can move on without them.
This is known as a default divorce. In a default case, the judge may grant the divorce based on the information you provide, including your proposed terms for:
- Property division
- Parenting time and parental responsibilities
- Child support
- Spousal maintenance
This means you can get a divorce even if your spouse never participates.
When a Spouse Refuses to Provide Financial Information
Both parties have to file a financial affidavit with the court. They also have to exchange documents. If your spouse won’t do any of that, the court can issue an order to force them to. If they still fail to follow through, they might be subject to:
- Monetary sanctions
- Attorney’s fees
- Adverse inferences about hidden income or assets
When a Spouse Refuses to Attend Hearings or Mediation
If your spouse skips required court dates, the judge can proceed without them. Failure to appear may result in:
- Default judgments
- Contempt findings
- Warrants for arrest in cases of repeated defiance
For parenting disputes, Illinois often requires mediation. If your spouse refuses to do mediation, the court might skip this requirement and move right to a trial.
When a Spouse Actively Tries to Delay the Divorce
Your spouse might try other tactics. An experienced attorney is familiar with these tactics and how to combat them. Judges are also very familiar with these tactics, and can keep the case on track by:
- Denying continuances
- Setting firm deadlines
- Issuing sanctions for bad-faith conduct
- Scheduling a trial to resolve all issues
Once the case is set for trial, your spouse’s cooperation becomes far less relevant.
When to Speak With an Illinois Divorce Attorney
An uncooperative spouse can make the divorce process more complicated, but you are not without options. An experienced Illinois divorce attorney can help you:
- Ensure proper service of the divorce petition
- Request default judgments when appropriate
- Pursue sanctions for non-compliance
- Protect your financial and parental rights
- Move the case forward efficiently
Get Help Even If Your Spouse Won’t Cooperate With the Divorce
It is really frustrating when your spouse won’t get on board with the divorce, but it won’t actually stop it from happening. Experienced legal counsel can help you move things along and across the finish line.At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.