Can I Oppose a Divorce?

Can I Oppose a Divorce?

It can be difficult going through a divorce, especially if one spouse is non-compliant with divorce proceedings. In some cases, a spouse may oppose divorce and refuse to file divorce papers. For spouses who want a divorce, a refusal can make the divorce process seem impossible and difficult to navigate. While some states require both spouses to comply with divorce proceedings, others allow for only one spouse to request a divorce. At SAM LAW OFFICE LLC., we’re here to help to divorce couples in Illinois understand legal proceedings and if spouses are permitted to oppose divorce. 

Can a Spouse Oppose Divorce in Illinois?

Though a spouse may be upset about receiving a divorce petition, opposing a divorce in Illinois will not stop divorce proceedings. If a spouse has filed for a divorce, legal proceedings are permitted to begin. Illinois law also permits both contested and uncontested divorces to aid in instances where opposition may be present. A contested divorce is one in which either spouse disagrees with one or more aspects of the divorce proceeding. The opposite of this is an uncontested divorce in which both couples comply with divorce proceedings and agree to all aspects of the divorce. Since contested divorces are permitted, this is usually how divorces with opposition will be categorized. In addition to contested and uncontested divorces, Illinois is considered a no-fault state. No-fault means that neither spouse is responsible for proving who’s at fault for the marriage’s end. This can aid in divorce cases where a spouse opposes divorce, as a spouse will not need to prove their fault.  As long as spouses qualify for a divorce, which means that a judge finds they had irreconcilable differences, they will be permitted to get a divorce. 

If My Spouse Opposes Divorce, What Should I Do?

If you’re filing for an Illinois divorce and your spouse is opposing the divorce process, there are steps that you can take. Spouses wanting a divorce will need to present their spouses with divorce papers. Individuals receiving divorce papers have 30 days to respond to the papers and file for an appearance in court. If a spouse refuses to file the proper paperwork in time, a default divorce can take place. A default divorce is one in which the court acknowledges that a spouse has refused to take the necessary steps to comply with divorce proceedings. Typically during a default divorce, the spouse who filed for divorce will be granted any wishes they had outlined in the divorce petition. Individuals who desire divorce should not worry if their spouse proposes divorce, as divorce proceedings can still take place under Illinois law. At SAM LAW OFFICE LLC., we can help individuals understand the divorce process and navigate a divorce opposition. Our services can ensure that you feel secure in your understanding of Illinois divorce proceedings and all of your questions are answered.

Contact Our Team Today 

If you have questions about divorce proceedings in Illinois, contact our team today. We’re happy to help with all of your legal needs.