What If I Do Not Agree With My Spouse’s Request For a Divorce? 

 Posted on May 19, 2022 in Chicago divorce attorney

Hundreds of men and women all over Illinois get married every year and make lasting commitments to honor and help each other in all things until death - or at least, so they think at the time they get married. But as everyone knows, a lifetime of marriage is no guarantee when almost 50 percent of relationships end in divorce.

While most divorcing couples agree that separating is the right choice for their future, what about those couples in which one spouse wants a divorce and the other spouse does not? If your spouse has asked you for a divorce in Illinois and you are hoping to stay married, read this blog post and then contact an experienced Illinois divorce attorney for advice.

Can I Insist We Get Therapy Before Divorce?

Illinois wants to support and encourage healthy marriages and the law generally prefers married couples to stay that way. Although you cannot force an unwilling spouse to attend therapy, once divorce proceedings begin, you can request the judge to order a conciliation conference. If he or she believes there is still hope to save the marriage, the judge may also order a conciliation conference even if neither spouse requests it.

In a conciliation conference, counseling efforts are made to assist the spouses in reconciling. In addition to a conciliation conference, judges may also order parents to attend classes about the effects of divorce on children before approving the divorce.

Is There a Waiting Period for Divorce in Illinois?

If both spouses agree to get divorced, there is no waiting period and the divorce can be finalized as soon as both spouses agree on a resolution to issues like child support and property division. However, if one spouse does not want to get divorced or if the divorce is contested, there is a mandatory waiting period of six months during which the couple must live separate and apart.

Can I Prevent a Divorce By Not Signing the Papers?

Ultimately, a family court judge will not allow one spouse to keep their partner in a marriage against their will. No matter how much it hurts, if your spouse is intent on getting divorced after the waiting period, it is in your best interest to be involved in the negotiation of your divorce decree. Otherwise, a judge may grant your spouse a divorce on their terms, which could be seriously harmful to your financial future and your relationship with your children.

Contact a Kane County Divorce Lawyer

Being blindsided by a request for a divorce can be something from your worst nightmares. If your spouse is asking for a divorce and you are still hoping to reconcile, do not put off hiring an attorney until the last minute. Be prepared for all eventualities and get the advice you need before making any major decisions. Schedule a confidential consultation with an experienced North Aurora divorce attorney with The Law Office of Matthew M. Williams, P.C. by calling us today at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000