Divorce can be a challenging and emotionally draining process, especially when you and your spouse are not on good terms. But what happens if they refuse to sign the papers you have served them with? This can be frustrating, especially if you are eager to move forward with your life. However, this scenario does not have to bring your divorce proceedings to a halt.
If you are dealing with an uncooperative spouse, it is important that you know the options available to you. Illinois law provides several avenues for moving forward, allowing you to take control of your situation and work toward a resolution. Here are some of the steps you can take.
File a petition
In Illinois, you have the right to file a petition for divorce regardless of your spouse’s willingness to participate. The court will take over the responsibility of serving your them with the necessary documents. Your spouse will then have 30 days to respond.
Explore alternative dispute resolution methods
Even in high-conflict situations, alternative dispute resolution methods such as mediation and negotiation can offer a path forward. These approaches can help you and your soon-to-be former spouse find common ground, potentially saving time, money and emotional stress.
Mediation is one particularly popular option. This route involves a neutral third party who will help facilitate discussions between you and your spouse. They do not make decisions for you but guide you toward mutually aggreable solutions.
Request a default judgment
If your spouse is not responding to the divorce petition or is avoiding court appearances, you may request a default judgment. This can be a way to bring your divorce to a close. When you request a default judgment, the court will review your case and make a judgment without your partner’s input. However, consider all potential consequences before pursuing this option. A default judgment may not always result in the most favorable outcome for you.
Finding the closure you need to move forward
Your journey through divorce, even with an unwilling partner, does not have to be an endless struggle. By understanding your rights and the legal processes available in Illinois, you can take steps toward resolution and peace of mind.