Delivering divorce documents to your spouse can be difficult, especially if you expect them to be uncooperative. There are several reasons why a spouse may refuse to sign divorce papers. They may strongly oppose getting a divorce and be reluctant to end the marriage.
Your spouse may refuse to sign the documents because of their anger, especially if they weren’t aware that you wanted to start the divorce process. If you have children, they might feel nervous about how the separation could affect them.
Can I get divorced without my spouse’s cooperation?
When one spouse is unwilling to proceed with the divorce, the other spouse may still be able to finalize the procedure. If efforts to reach a divorce agreement are unsuccessful, you will need to pursue a default judgment to end your marriage.
In Illinois, divorce is only accepted based on irreconcilable differences. Irreconcilable differences refer to the situation when you and your spouse are unable to resolve the problems in your marriage. If your spouse declines to sign divorce documents due to their denial of your incompatibility, presenting evidence to the court that you have resided apart for a minimum of six months might establish the presumption of incompatibility.
What if my spouse refuses to be served?
To finalize your divorce, you must make a reasonable effort to serve your spouse with divorce papers or at the very least inform them about the ongoing legal proceedings. If your attempts are unsuccessful, you have the option to legally serve documents to your spouse by publishing them in a newspaper. When the other spouse doesn’t respond in such situations, it is commonly referred to as “process by publication.”
If 30 days have passed after serving your spouse with no response, you can file a motion to declare your spouse in default. You will need to seek assistance to follow through with the divorce proceedings.