What Happens If You Don’t Sign Divorce Papers?

Divorce is a complex and emotionally charged process that marks the end of a marital journey. Amidst the heartache and turmoil that accompany the decision to dissolve a marriage, the legal formalities cannot be ignored.

One crucial step in the divorce process is signing the divorce papers. Yet, what happens if you don’t sign divorce papers? Is it possible to avoid the paperwork and prolong the inevitable? In this article, we will delve into the legal and emotional consequences of not signing divorce papers in Illinois, shedding light on the complexities that arise from refusing to put pen to paper.

What Does It Mean to “Sign The Divorce Papers?”

Hollywood movies often inaccurately portray the need for both parties to “sign the divorce papers”. In Illinois, only one spouse’s signature is needed to file a petition to dissolve the marriage.

If Served With Divorce Papers, You Can Agree To It Or Contest It

Agreeing to the allegations or terms of a divorce petition is referred to as uncontested divorce.

If you don’t want to agree to the terms because you don’t want to get divorce, unfortunately you can’t stop your spouse from divorcing you under Illinois law.

However, if you disagree with the allegations or terms of a divorce petition over issues like property division, maintenance (alimony), child support, or child custody, then you need to respond to the petition within 30 days of being served and set forth your responses. This is referred to as contested divorce.

Since the time frame to respond is only 30 days, it is best to hire an attorney quickly.

If you are served with the divorce petition, but fail to appear in court or respond to the petition within 30 days, the court may enter a default divorce judgment against you.

The Divorce Process

Divorce proceedings typically involve several steps, including filing a petition, serving legal notice to the spouse, division of assets, maintenance calculations, child support calculations, child custody arrangements, and the finalization of the divorce decree.

If you live in Bloomington-Normal or the surrounding area, it is best to hire an experienced divorce lawyer in McLean County. If you cannot afford a lawyer, check out the Illinois State-Approved Forms and McLean County’s website to help get you started.

After filing the divorce petition, you must use a neutral third-party known as a process server to serve the other spouse.

Your spouse will then have 30 days to respond and they can also use that time to find a lawyer if they so choose.

Alternatives to Consider

If the prospect of divorce seems overwhelming, there are alternatives to explore:

Mediation: Mediation involves working with a neutral third party to resolve disputes and reach agreements outside of court. This approach can be less adversarial and time-consuming than traditional litigation. If mediation goes well then the final agreement will often be an uncontested divorce, saving you time.

Learn More: Mediation

Collaborative Divorce: In a collaborative divorce, both parties and their respective attorneys commit to finding solutions through cooperation rather than conflict. This approach prioritizes open communication and creative problem-solving.

Learn More: Collaborative Divorce

Meet With An Illinois Divorce Attorney Today

At Koth Gregory & Nieminski, we offer SAME-DAY APPOINTMENTS. You you can schedule your first meeting through our online appointment calendar.