What If My Spouse Does Not Want a Divorce?

 Posted on July 03, 2025 in Divorce

Few things are more frustrating than being ready to move on from a broken marriage, only to have your spouse refuse to let go. Whether he or she is in denial, trying to control the situation, or simply unwilling to cooperate, his or her refusal can make an already painful process even more stressful. The good news is that in Illinois, the law supports your right to seek a divorce, even if your spouse objects. A DuPage County divorce lawyer can help you take the proper steps and protect your interests every step of the way.

Can I Still File for Divorce If My Spouse Refuses?

Illinois follows a no-fault divorce system, which means you are not required to demonstrate that your spouse did something wrong, like being abusive or cheating. Instead, you only need to show that the marriage has broken down due to irreconcilable differences.

If the spouses have lived apart for at least six months, there is an automatic presumption that irreconcilable differences exist. This presumption can be used even if the other spouse contests the divorce.

What Happens If My Spouse Will Not Participate?

If your spouse refuses to participate or respond after you file for divorce, the court can still proceed. Once you file and serve divorce papers, your spouse has 30 days to respond. If he or she does not respond, you can ask the court for a default judgment.

A default divorce allows the court to finalize the divorce based on your filings and evidence, without your spouse’s involvement. However, the judge will still review the request to ensure it is fair and complies with the law, especially regarding child custody, property division, and support.

What If My Spouse Tries to Delay the Divorce?

Some spouses attempt to delay the process by filing unnecessary motions, refusing to sign documents, or missing court dates. These tactics can be frustrating, but are unlikely to completely stop the divorce.

Illinois courts are aware of these stalling tactics and have procedures to move cases forward. A judge can issue orders compelling participation, and if your spouse still refuses to cooperate, the court may proceed without his or her input. A knowledgeable attorney can help you efficiently navigate delays and ensure the divorce process stays on track.

What Should I Do If My Spouse Is Uncooperative?

Dealing with an uncooperative spouse can add emotional and legal challenges to an already difficult process. To protect your interests:

• File for divorce as soon as you are ready and properly serve the papers to your spouse

• Document all communications and attempts to resolve the matter

• Work with a lawyer who will represent your interests and manage court procedures

• Focus on your goals, whether that means quickly finalizing the divorce, protecting your parental rights, or securing a fair financial settlement

Contact a DuPage County, IL Divorce Lawyer

If your spouse does not want a divorce, it can be difficult, but not impossible, to make it happen. A knowledgeable Naperville, IL family law attorney at Law Office of Ronald L. Hendrix, P.C. can help you understand your legal options and take the proper steps to resolve your case. Whether through negotiation or litigation, our firm is committed to helping you pursue a better future. Call us today at 630-355-7776 to schedule a free consultation.