You really want a divorce, but you are not sure how your spouse will react. You are afraid they will contest it and cause your divorce to be denied.
Can something like that happen if both parties do not agree to the divorce? Read on to find out the rules for divorce in Illinois.
What Are the Requirements for Divorce in Illinois?
There are just a few requirements for divorce in Illinois:
- There is a residency requirement of 90 days.
- Before the divorce filing, the spouses must either be separated for six months in separate households or within the same household.
- They must prove irreconcilable differences.
As long as you meet these requirements, you cannot be denied a divorce by a judge in Illinois.
When Divorce Is Contested
Even if your spouse does not want a divorce, it cannot be denied. However, it can be contested. While contesting the divorce can delay the process, it cannot stop it altogether. If your spouse is being uncooperative, you will need to respond accordingly.
For example, if your spouse is contesting the divorce simply because they do not want one, they must be able to show the court why the divorce should be denied. The process will take longer but your strategy should not change. After all, you have little to prove. The burden is on your spouse.
Also, your spouse may try to contest the divorce by simply ignoring it. However, not responding to the petition will ruin their case. Your spouse has 30 days to respond to a divorce petition. If your spouse does not respond or attend your hearing, you can request a default judgment. This means the settlement will go in your favor.
If your spouse has deserted you and cannot be found, you still cannot be denied a divorce. As long as your spouse is given an opportunity to respond to the divorce petition, you can move forward. Even if your spouse is deliberately trying to hide from you, you can still complete your divorce.
However, you must show that you made an effort to serve your spouse with notice of the divorce. This means attempting to serve them at their last-known residence and place of employment and talking to people who might know your spouse’s whereabouts, such as friends and family members. Also, you must have a notice of your divorce published in a newspaper where your spouse is likely to see it. Your divorce lawyer can help you with this process to ensure you take all the appropriate steps to locate your missing spouse and inform them of the divorce.
Contact a Chicago Divorce Attorney
As long as you meet the requirements, you cannot be denied a divorce in Illinois. Your spouse, however, can contest it and make the process longer.
What happens next? Let Arami Law, Inc. guide you and help you get the best outcome possible. Fill out the online form or call our office to schedule a consultation.