Divorce is a major decision that can affect nearly every single part of a person’s life. It is not unusual for spouses to have very different feelings about whether the marriage should end, especially when one spouse is ready to move forward while the other hopes to stay together.
When one spouse wants to move forward with a divorce and the other does not, the situation can become more complicated. However, disagreement about the divorce does not necessarily mean the process has to halt.
Moving forward when a spouse disagrees
Illinois is a no-fault divorce state, meaning a spouse does not have to prove that the other spouse did something wrong to obtain a divorce. Instead, the law provides for dissolution when irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation efforts have failed or would not be practical or in the family’s best interests. Either spouse can initiate the divorce proceeding.
A spouse who does not want the divorce may refuse to participate in the legal process, but refusing to cooperate does not necessarily allow them to stop the case. For example, refusing to sign divorce papers does not automatically prevent a divorce from moving forward.
When one spouse attempts to delay or obstruct the divorce, the process can become more complicated. However, court procedures can provide a way to address unresolved issues and move the case forward even when the other spouse is unwilling to cooperate. Understanding the available options can be particularly important when the refusal to divorce is part of a pattern of controlling behavior.
If you are ready to end your marriage but your spouse is refusing to cooperate, speaking with an experienced divorce law professional can help you understand your rights and the steps available to move forward.
