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What to Do If Your Spouse Will Not Sign Divorce Papers

 Posted on June 28, 2021 in Divorce

Naperville, IL attorney for contested divorce

If you have been unhappy in your marriage for a long time, you may have decided to file for divorce. While the decision may not have come easy, you knew it was a necessary one. However, what if you are faced with the dilemma that your spouse refuses to sign the papers. This can definitely prolong the process and make it more stressful, but it is still possible to get a divorce.

Common Reasons Why Spouses Do not Sign Divorce Papers

It is frustrating when a spouse refuses to sign divorce papers, but it can and does occur. Some spouses may be religiously opposed to divorce, while others feel that you cannot get divorced unless both spouses sign the documents. In other situations, spouses may feel so bitter that they were served with papers that they want to retaliate.  

Steps to Take If Your Spouse Will Not Sign Divorce Papers

Although getting a divorce from an unwilling spouse may seem impossible right now, do not give up. Here are a few steps you can take if your spouse refuses to sign the papers.

  • Talk to your spouse. If your spouse is refusing to sign divorce papers, talking to him or her about it might be the last thing you want to do, however, it is still worth a try. Calmly explain to your spouse why you want a divorce and ask why he or she is reluctant to sign the papers. Once you explain your reasons, ask if he or she would please sign the papers. 

  • Figure out the proper grounds for divorce. Illinois is a no-fault state. This means you are not required to prove fault to obtain a divorce. 

  • Have your lawyer write your spouse a letter. If you are having trouble getting through to your spouse, do not hesitate to get your divorce lawyer involved. Your lawyer can write your spouse a letter, letting him or her know that the divorce can still proceed with or without his or her consent.

Contact a DuPage County Divorce Lawyer

If your spouse is refusing to cooperate, the Naperville, IL divorce lawyers at the Law Office of Ronald L. Hendrix, P.C. can help. We understand how stressful it can be to deal with a difficult spouse during a time like this. Contact us at 630-355-7776 to schedule a free consultation.


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