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Is it possible to refuse a divorce?

On Behalf of | Mar 28, 2023 | Divorce |

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Is it possible to refuse a divorce?

Sometimes divorce is your only option to get out of a broken marriage. After preparing yourself to push through with a divorce, it can be frustrating if your spouse refuses. However, your spouse cannot force you to stay in the marriage, and you do not need them to sign the divorce papers to get the ball rolling.

Request for a default divorce

Your spouse may have their own reasons for refusing to end the marriage. Perhaps they believe a divorce is like a marriage, in which both parties must consent.

If your spouse continues not to cooperate, you can file for divorce and serve your partner with a petition for dissolution of marriage. In Illinois, the respondent has 30 days to provide a response; otherwise, the petitioner can pursue a default judgment.

What happens after a default judgment?

As soon as the court issues a default judgment, you will begin the uncontested divorce process since your spouse has waived their right to object. The court will continue with your case and may rule in your favor. If your requests for child custody, spousal support, and property division are reasonable, you may receive them.

A default judgment is considered final, but your spouse still has one more chance to challenge it. If they have a justifiable reason, they can ask the court to vacate the judgment 30 days after it was issued.

Navigating a divorce can be difficult. While you do not need your spouse’s consent, you cannot divorce without their knowledge. You will need to adhere to the proper processes and notify your spouse, giving them plenty of opportunities to object.

These processes can take a long time, and your spouse may try to prolong the divorce, causing you a great deal of stress. It’s best to first explore your options before deciding to file for a default divorce.



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