Some married couples decide to divorce after reaching a mutual agreement on the subject. They may attend couples therapy and realize they cannot work through their issues. Other times, one spouse brings up their unhappiness, and the other agrees to pursue a divorce.
Sometimes, one spouse may want to divorce while the other does not. Religious and personal reasons can leave one spouse opposed to divorce while the other is eager to end an unsatisfying marriage. The spouse taking the initiative to file for divorce my worry about how the other may handle the news.
Some people worry about their spouse blowing up at them or damaging shared property. Others worry that their spouses may attempt to prevent a divorce. Can one spouse force the other to stay married by contesting their divorce or refusing to respond after receiving legal service with divorce paperwork?
Marriage requires ongoing mutual consent
Two people have to decide of their own volition that marriage is what they want for them to combine their lives and legally marry. Mutual consent is not necessary to dissolve or end a marital relationship. Only one spouse has to decide that the marriage is no longer healthy or functional for the Illinois family courts to grant a divorce.
That spouse can file the initial paperwork and serve the other spouse. They may then have to wait for a response. If a timely response isn’t forthcoming, then they may be able to move the process along without the involvement of the other spouse. Under Illinois state statutes, someone served with paperwork for a divorce has 30 days, not including the date of service, to formally respond.
They can accept the proposed terms or respond to the courts by countering them with their own proposed terms. If they fail to do either, then the case goes into default. The spouse who filed the initial paperwork or their attorney can file new documents with the courts requesting a default judgment.
In a default divorce scenario, the spouse who originally filed and then initiates default proceedings may ultimately obtain the terms they want in the divorce. The failure of the other spouse to respond does not prevent the divorce but rather eliminates their opportunity to challenge the proposed terms.
Provided that the spouse filing for divorce follows the right process, they do not have to worry about remaining trapped in their marriage because their spouse does not wish to divorce. Learning more about the unique laws that apply to divorce proceedings in Illinois can help those who feel ready to end their marriage. The cooperation of a spouse is often beneficial but is not necessary to secure a divorce in Illinois.