If your spouse has filed a petition for divorce in Chicago or surrounding areas and you do not want to get divorced, do you have any options? For instance, can you refuse to accept the divorce papers when they are delivered to you, thereby preventing the divorce from moving forward? Or, if you do not believe the marriage should end and you want to continue working on the relationship with your spouse, is there a legal way to contest your spouse’s petition for divorce? Generally speaking, as long as the party filing the petition for the dissolution of marriage meets the residency requirements for seeking a divorce, there is not a lot that the other spouse can do.
However, there are ways in which one spouse can contest a petition for divorce, as well as contest elements within the divorce process.
Understanding How a Petition for Dissolution of Marriage Works
Under Illinois law (750 ILCS 5/401), when “irreconcilable differences have caused the irretrievable breakdown of the marriage,” and the court concludes that any “efforts at reconciliation have failed” and that it would not be practical or in the best interests of the family to stay together, the court can enter a judgment of dissolution of marriage.
Imagine that Jane files for divorce in Illinois, but her spouse, Jack, does not want to get divorced. Unlike Jane, Jack does not believe that there has been an irretrievable breakdown of the marriage. Jack believes that he and Jane can continue to work on their marriage, especially since they have two children from the marriage. However, Jane moved out of the house more than six months ago and is determined to move forward with the divorce. Is there anything that Jack can do to prevent the divorce proceeding from moving forward? Since the statute clarifies that there is an irrebuttable presumption of irreconcilable differences when spouses like Jane and Jack have been living separate and apart for six months or more, there is not a lot that Jack can do here to contest the divorce.
However, the statute also clarifies that a judgment for a dissolution of marriage cannot be entered until the court has considered and allocated parental responsibilities, child support, spousal maintenance, and the division of property. As such, the divorce could take additional time in the case of Jane and Jack since the court will need to allocate parental responsibilities for any children from the marriage, as well as to enter a child support order. While parents can come to an agreement in a parenting plan concerning parenting time and parental responsibilities, if Jack does not want to move forward with the divorce, he may not work with Jane to develop a parenting plan that is agreeable to both of them. As such, the court will likely need to enter an allocation judgment, and this will need to occur before the divorce is finalized.
Even if the petition for divorce has been filed lawfully, the spouse who wants to contest the petition can still contest elements of divorce by appearing in court.
Responding to an Illinois Petition for Divorce
As the Circuit Court of Cook County explains, once a party has filed a petition for dissolution of marriage, then the other spouse must be served with a summons. Once the other party is served with a summons, then that party (known as the “respondent”) has “30 days to file his or her appearance from the date of service.”
Contact a Chicago Divorce Lawyer
If you have questions about responding to a petition for divorce, you should discuss your options with me as soon as possible. I am a dedicated Chicago divorce attorney and I am eager to assist you throughout each step of your case.
