Do Both Parties Need to Agree to Get a Divorce?

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Do Both Parties Need to Agree to Get a Divorce?

Perhaps you’re the one who wants a divorce, or maybe you don’t want one, but your spouse has informed you that they do. You both had to agree to get married but do you both have to agree to get divorced? This is a common question for many spouses who have strong feelings about getting a divorce or remaining married. Depending on the circumstances of your divorce, the answer may not be as straightforward as some might think. Whatever your feelings about your divorce or situation are, it’s always wise to hire a well-versed Illinois divorce lawyer to represent your interests. 

Filing for an Illinois Divorce

In Illinois, only one spouse has to file for divorce. The filing spouse will need to have the petition and summons personally served upon the other. The non-filing spouse doesn’t have to agree to the divorce for it to happen. However, they must both agree to waive the six-month waiting period of living separate and apart. If one spouse doesn’t agree, they must wait the mandatory six months before the case can proceed in the legal system.

Can the Courts Deny a Divorce?

Since 2016, spouses must only prove that they have irreconcilable differences. They don’t need to prove that there was adultery, abuse, habitual drunkenness, or anything else present in the marriage to be granted a divorce. The only reason you can be denied a divorce is if you don’t follow the procedural requirements under Illinois law, such as going through the six-month waiting period. Even still, an experienced Illinois divorce attorney could help you if this happened. 

What if Your Spouse Won’t Agree to the Divorce?

The non-filing spouse can refuse to sign divorce paperwork, negotiate, or even show up for court proceedings. That’s up to them. However, if you follow the procedural requirements set forth in the law and work with an Illinois divorce lawyer, you can still get divorced. The court can grant a divorce without the consent of both spouses. However, the situation is usually better for everyone when both spouses can play an active role in the proceedings and negotiate their own settlement terms.

If one spouse refuses to participate and work out a settlement, the court will be forced to determine the terms of the divorce. The spouse who is willing to negotiate and submits their desires and potential solutions to the court will be more likely to get what they want since they are an active participant. 

Even if you are the spouse who doesn’t want the divorce, it’s best to hire a knowledgeable Illinois divorce attorney who can help you understand this process and make the best of it for you and your family.

Get Advice from an Experienced Illinois Divorce Lawyer Today

When you need an experienced Illinois divorce attorney, look no further than Andrea Heckman Law. We’ve helped both spouses who wanted their divorce and spouses who didn’t want a divorce reach settlement agreements that work for everyone involved. Contact us today to learn more about Illinois divorce requirements and our divorce services.

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Andrea Heckman

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