At Gordon & Perlut, LLC, we know that divorce can be stressful, and it becomes even more complicated when one spouse refuses to cooperate. In Illinois, you do not need mutual agreement to get a divorce. The law allows one spouse to proceed even when the other does not want to end the marriage. If you are facing this situation, it is important to understand how Illinois law handles contested divorces and what your rights are under the law.
Under 750 ILCS 5/401(a), Illinois is a no-fault divorce state. This means that the only ground for divorce is that the marriage has suffered an irretrievable breakdown due to irreconcilable differences. The court does not require both spouses to agree to the divorce, nor does it require proof of wrongdoing like adultery or abandonment. If one spouse testifies that irreconcilable differences exist, the court can grant the divorce even if the other spouse disagrees.
If the non-filing spouse contests the divorce, the court may require a separation period of at least six months to establish irreconcilable differences under 750 ILCS 5/401(a-5). After this time, the court assumes the marriage has broken down beyond repair, and the divorce can move forward.
Refusing to participate in the divorce process does not stop it. If a spouse ignores divorce papers or fails to appear in court, the judge can grant a default judgment, finalizing the divorce without their input. However, it is always better to have legal representation to ensure that property division, child custody, and support orders are fair and enforceable.
Contested divorces take longer and may require mediation or a trial. The court will make decisions on property, debts, child custody, and support based on Illinois statutes, including 750 ILCS 5/503 for property division and 750 ILCS 5/602.5 for child custody. The court’s priority is to reach a fair resolution based on the evidence presented, not to force a couple to stay married.
No. Illinois law allows one spouse to obtain a divorce even if the other objects. The court only needs evidence of irreconcilable differences under 750 ILCS 5/401(a).
If your spouse refuses to sign, the case becomes contested. The court will schedule hearings and may ultimately enter a divorce judgment without their signature if they fail to participate.
No. Illinois is a no-fault divorce state. You only need to state that irreconcilable differences have caused an irreparable breakdown of the marriage.
Contested divorces often take longer than uncontested cases, sometimes a year or more, depending on court schedules, disputes over property or custody, and whether mediation is required.
They can cause delays, but they cannot stop the process. If they fail to respond or appear in court, the judge can grant a default judgment in your favor.
Under 750 ILCS 5/602.5, the court bases custody decisions on the child’s best interests. Factors include each parent’s ability to provide care, the child’s relationship with each parent, and any history of abuse or neglect.
Illinois law requires full financial disclosure under 750 ILCS 5/501. If a spouse hides assets, the court can impose penalties, order reimbursement, or award a greater share of marital property to the other spouse.
At Gordon & Perlut, LLC, we fight for your rights and help you move forward even when your spouse refuses to cooperate. Our attorneys understand Illinois divorce law and know how to protect your interests in contested cases.
Contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We proudly represent clients throughout Illinois in divorce and family law matters.