Divorce can be a complex and emotionally charged process, with numerous legal difficulties to navigate.
Sometimes problems arise when one partner refuses to sign divorce papers.
Because of this, some may wonder, “Can you get divorced without your spouse signing the papers?”
There are many reasons why someone might not sign divorce papers so in this article, we’ll explore the intricacies of divorce proceedings and shed light on the circumstances where a divorce can proceed without the other party signing papers.
Both Spouses’ Signatures Are Needed For Uncontested Divorce
In Illinois, a divorce only requires the mutual consent of both spouses if it is an uncontested divorce.
If all issues are agreed upon, then spouses may be able to file and complete their uncontested divorce themselves without hiring a lawyer.
However, there are multiple steps to this process, so hiring a lawyer can still be helpful to make sure the process is completely correctly. If you and your spouse agree on all issues, it will benefit you to read Uncontested Divorce.
However, even if couples agree on the issues, there are situations where one spouse may cause delay or be unwilling to sign the documents. In this situation, only one spouse needs to sign divorce documents to pursue the divorce. Keep reading to learn more about solving this issue.
Situations Where Only One Spouse Needs to Sign Divorce Documents
- Other spouse refuses to sign uncontested divorce documents
- Unable to serve other spouse because they avoided service
- Unable to locate other spouse
- Served other spouse and proceeded with contested divorce
Other spouse refuses to sign uncontested divorce documents
If the other spouse refuses to sign uncontested divorce documents, you can file a petition to dissolve the marriage with the local court. You don’t need your spouse’s permission to do this.
Unable serve other spouse because they avoided service
If your spouse tries to avoid being served with the petition to dissolve the marriage, you can file a motion to serve by publication and if they do not appear for court the judge may eventually grant a default divorce.
Unable to locate other spouse
If you can’t locate your spouse because they moved out and did not leave a forwarding address, you can file a motion to serve by publication if they do not appear for court the judge may eventually grant a default divorce.
Served other spouse and proceeded with contested divorce
If you serve your spouse with the petition to dissolve the marriage and they won’t sign the divorce agreement that you want them to sign, then you proceed in court as if it is a contested divorce.
Contested divorces can take a long time to complete and most people find it necessary to hire an experienced divorce lawyer to protect their rights and avoid delays.
The Process From Serving Your Spouse To Final Judgment
When starting divorce proceedings, you must serve the other party with your complaint and a summons with a court date. This usually involves hiring a process server that, for a small fee, will deliver these documents to your spouse personally. They can then testify in court that they handed your spouse the divorce documents.
If your spouse does not accept service, or is hiding from service, or cannot be located, the process server will also be able to sign a sworn statement to this effect. After several attempts have been made to deliver these documents, you may have to file a motion to serve by publication in a local newspaper. If your spouse still fails to appear in court, then you can file a motion for default divorce.
A word of caution though, the judge may not grant everything you request in your divorce petition if there the judge’s decision is based on your spouse defaulting.
If your spouse never receives personal service (publication does not count as personal service), then the judge cannot grant your requests for property division, maintenance (alimony), child support, and child custody.
There are several detailed steps that must be followed to properly serve by publication and obtain default divorce. We address these issues in an article entitled How to Divorce Someone You Haven’t Seen in Years and Default Divorce in Bloomington.
Mediation May Be A Good Option
One alternative method of divorce is mediation. Mediation involves a neutral third-party mediator that helps guide discussions with clients so they can reach a custom agreement. Because mediation is cooperative, it requires both sides to openly communicate and work toward an agreement together. You can find mediation resources on your local county courthouse’s website.
This option can be quicker than a traditional divorce and allows for more custom arrangements as long as both spouses can compromise. If your spouse refuses to sign divorce papers because they don’t want to go to court, then mediation may be a better option since it allows a divorcing couple more privacy and freedom of choice. If you are thinking about mediation, check out “10 Benefits of Divorce Mediation.”
Conclusion: Can You Get Divorced Without Your Spouse Signing the Papers?
While obtaining a divorce without the other person signing the papers can be challenging, it is not impossible. If you live in Bloomington-Normal or one of the surrounding towns in McLean County, the process will go much smoother if you hire a local divorce lawyer to help you from the start.
Meet With An Illinois Divorce Lawyer at Koth Gregory & Nieminski Today
The divorce lawyers at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
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Disclaimer: This article (Can You Get Divorced Without Your Spouse Signing the Papers?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about Can You Get Divorced Without Your Spouse Signing the Papers?
Published by Dustin Koth on December 12, 2024