Most divorces involve some level of stress and even animosity between spouses. Unfortunately, this is a normal part of the process that you must push past. In other divorces, one spouse can be entirely against the idea of a divorce and refuse to sign divorce papers. They might make it their purpose in life to drag out the divorce process for as long as possible just to create more hassle for and to spite you. In either of these less-than-ideal situations, it’s in your best interest to have an Illinois divorce attorney on your side.
If Your Spouse Won’t Respond
After filing for divorce, you must send your spouse a notice of your filing, including the scheduled court hearing date. After receiving this notice, they have 30 days to respond, conveying if they will appear in court on the scheduled date to contest the divorce. If they don’t respond or show up at the hearing, you can ask the court for a default judgment in favor of your divorce petition. The judge might set a default judgment hearing or allow your spouse more time to respond. If your spouse continues to do nothing, the court will grant the default judgment. After this, your spouse won’t have a say in what happens.
If Your Spouse Contests the Divorce
Many spouses contest the divorce. It is their right to do so; however, they must use the proper channels, and it doesn’t necessarily mean they will get their way. If your spouse can’t prove why your divorce should be denied at the hearing, it won’t be denied. However, if they contest the divorce, the process will likely take longer as the court must give them a chance to establish their arguments. If you can’t work out common divorce matters, a judge will need to determine them for you. These issues include:
- Property, asset, and debt division
- Parenting time/child custody
- Parental responsibility/child support
- Alimony/spousal support
No Signature Required
When all is said and done, you don’t have to have your spouse’s approval or signature to get a divorce. They may be able to delay the divorce process, but they can’t stop it. Having representation from the seasoned Illinois divorce lawyers at our firm can help you expedite your divorce process. Even if your spouse refuses to cooperate or sign divorce papers, we know the actions that can be taken to ensure that you get your divorce finalized.
How Long Will My Divorce Take?
Unfortunately, if your spouse won’t take an active role in the divorce process or refuses to sign papers, you will need to file a contested divorce. Contested divorces generally take longer to complete. An uncontested divorce typically takes at least a couple of months from start to finish. A contested divorce can take months or even a year or more.
Illinois Divorce Attorneys
Suppose your spouse fights you from the beginning of the divorce process. In that case, you are likely headed for a contentious divorce negotiation. Don’t let your soon-to-be ex-spouse intimidate or anger you by refusing to participate in the divorce process or sign the divorce papers. Instead, hire a reputable Schaumburg divorce lawyer from Delaney Heckman today. We are fierce advocates for those seeking a divorce, especially those with spouses who are uncooperative or try to delay the process. Contact us today to schedule your private divorce case consultation.