Can Your Divorce be Denied in Illinois?

Are you getting ready to end your marriage? If so, you are far from alone. The Illinois Department of Public Health reports that approximately 25,000 couples get divorced in the state each year. You may be wondering: Can a divorce be denied in Illinois? The short answer is ‘no’—you cannot be denied a divorce in Illinois. Though, there are certain steps that you need to take to ensure that your rights and interests are protected in the divorce process. In this article, our Illinois divorce lawyer explains the key things you need to know about your right to a divorce in the state.  

Background: Illinois Only Allows for No-Fault Divorce

In some other states, you can still file for a fault-based divorce. Technically, a fault-based divorce could be denied. However, Illinois law no longer recognizes at-fault divorces. All divorces in Illinois are finalized on the no-fault grounds of irreconcilable differences. One spouse’s testimony that the marriage is “irreconcilable” is sufficient to get a divorce in Illinois. You cannot be denied a divorce if you want one. Your spouse does not have the ability to stop you from getting a divorce. 

What Happens if Your Spouse Refuses to Cooperate With the Divorce Process in Illinois?

While you cannot be denied a divorce in Illinois, it would be a mistake to assume that getting a divorce is always easy. It can be a complicated, time-consuming, and confusing process—especially if you are dealing with an uncooperative spouse. The good news is that you have options available even if your spouse is trying to slow down the divorce process and/or refuses to engage at all. 

In Illinois, the party petitioning for a divorce has a duty to serve divorce papers on their spouse—assuming that their spouse can be located. If your spouse cannot be located or he or she refuses to respond to the divorce papers, you may be entitled to a default divorce after you make a good faith effort to serve the divorce petition.  

Make Sure Your Rights and Interests are Protected

It is also imperative that you make sure that your divorce is done the right way. Your legal rights and best interests should be protected throughout the process. An experienced Illinois divorce lawyer can help you ensure that you are able to effectively navigate the divorce process, including handling issues like property division, debt division, spousal support, child custody, and child support. 

Speak to a Divorce Attorney in Northern Illinois

At the Law Office of Demetrios N. Dalmares & Associates, Ltd, our Illinois divorce attorneys are devoted to providing the highest level of legal guidance and support to our clients. Contact us right away for a strictly confidential case review. From our Orland Park law office, we provide family and divorce representation throughout the region, including in Will County and Cook County.