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.Â
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.
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.Â
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.Â
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.
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.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.