Can You Fight a Divorce in Illinois?

 Posted on May 08, 2019 in Divorce

When an unsuspecting spouse receives notification that their partner has filed for divorce, it is often devastating. Even when a spouse has seemed disinterested or removed from the relationship for some time, nothing can fully prepare someone for the pain of when the official news arrives. 

If your spouse’s divorce filing caught you by complete surprise, you may be considering various ways to keep your marriage together, including whether you can fight your divorce in court. Experienced divorce attorneys agree, in Illinois, this is a complete waste of time and money.

No-Fault Divorce in Illinois

While it takes two people to enter into the legal contract of marriage, only one spouse is required to begin divorce proceedings in Illinois, which became a no-fault divorce state in 2016. This means that the only grounds for divorce in the state is irreconcilable differences. When a spouse files for divorce, they officially declare that these differences have resulted in the irreversible breakdown of the marriage. There is no legal action you can take to compel your spouse to remain in the marriage. Also, do not attempt to delay the divorce process by not responding to the divorce summons. If you do not respond, the critical elements of your divorce decree will be determined without you, which is the last thing you want.

What to Do When You Receive a Divorce Summons

If you want to make a last-ditch effort to salvage your marriage, instead of legal action, ask your spouse if they would consider marriage counseling, even if you have done so in the past. If they do not wish to go that route, at least you can move on knowing you gave it your best.

To attain a divorce agreement that will ensure your economic and structural stability in post-divorce life, you need a skilled divorce attorney who can provide adept guidance throughout the process. Your divorce will go quicker and cost less money if you can make decisions together regarding important issues, including the division of marital property, spousal maintenance, child custody, child support, and parenting time. If you cannot collaborate with your spouse, having an attorney with vast experience in high-conflict divorces will help you get the agreement you need.

Contact an Oak Park Divorce Lawyer

If your spouse has filed for divorce, do not wait any longer to secure elite-level representation from Wakenight & Associates, P.C. Our Cook County divorce attorneys are ready to help you prepare for the next chapter of your life. For a free consultation, call us at 708-480-9651.

Sources:

https://www.equitablemediation.com/blog/my-husband-wants-a-divorce

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59