At Keller Legal Services in Naperville, we know that divorce is difficult under the best circumstances. When one spouse refuses to cooperate, the process becomes even more stressful and frustrating. Whether your spouse avoids communication, ignores court documents, or refuses to participate entirely, you still have options under Illinois law to move your case forward and protect your rights.
Divorce in Illinois, legally referred to as “dissolution of marriage,” is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). To file for divorce, one spouse must meet the residency requirement of living in Illinois for at least 90 days before filing. The divorce petition is then filed in the appropriate circuit court, and the other spouse must be properly served with a summons and petition.
A spouse is legally required to respond to the petition within 30 days of being served. However, some spouses fail to respond or deliberately avoid service, creating obstacles in the process. Fortunately, Illinois law provides remedies to prevent one spouse from holding the other hostage in a failed marriage.
If your spouse is actively avoiding being served, you can ask the court to allow alternative service methods under 735 ILCS 5/2-203.1. These methods may include leaving documents with another adult at their residence, mailing them, or publishing notice in a local newspaper if their location is unknown. Once service is complete, the divorce process can proceed even without their cooperation.
If your spouse is served but does not respond within the required timeframe, you can request a default judgment under 750 ILCS 5/405. A default divorce allows the court to grant the dissolution and make decisions on property division, child custody, and support based on the information you provide, even if your spouse refuses to participate.
Illinois law requires both spouses to provide full financial disclosure during divorce proceedings under Supreme Court Rule 213 and Rule 214. If your spouse refuses to provide documents or answer questions during discovery, your attorney can file a motion to compel. The court can order compliance and impose sanctions, including attorney fees or striking pleadings, for failure to cooperate.
If your spouse disobeys court orders, such as failing to attend hearings, refusing to follow temporary custody arrangements, or ignoring discovery orders, the court can hold them in contempt under 735 ILCS 5/12-107. Penalties for contempt include fines, payment of your legal fees, or even jail time until they comply with court orders.
While a cooperative divorce is often faster and less expensive, Illinois law ensures that one spouse cannot indefinitely delay or block the process. With the help of skilled attorneys, you can:
By taking these legal steps, you can protect your interests and finalize your divorce despite your spouse’s lack of cooperation.
You do not need your spouse’s signature to get divorced. As long as they are properly served, you can proceed to a hearing, and the court can grant a divorce without their consent.
No. Illinois is a no-fault divorce state under 750 ILCS 5/401, which means only one spouse needs to testify that the marriage has broken down irretrievably. Your spouse cannot stop the divorce from being finalized.
Hiding assets is illegal. We can use subpoenas, depositions, and forensic accountants to uncover undisclosed property. The court can award you a larger share of the marital estate or impose penalties if your spouse attempts to conceal assets.
Non-cooperation can lengthen the process, but courts have mechanisms to keep the case moving. Default judgments, motions to compel, and contempt proceedings help ensure your case proceeds despite delays caused by your spouse.
We can request the court’s intervention through motions to compel or sanctions. The court may order your spouse to pay your attorney fees or enter judgments in your favor if they fail to comply with disclosure rules.
Yes. If your spouse refuses to participate, the court will base custody, parenting time, and support decisions on the evidence you provide, focusing on the child’s best interests under 750 ILCS 5/602.5.
Yes. Courts have the authority to impose sanctions, including attorney fees, fines, or even jail time, if your spouse’s actions intentionally obstruct the proceedings or violate court orders.
If your spouse ignores mandatory court appearances, the court can proceed without them and issue rulings based on your evidence and testimony. Repeated non-compliance can lead to a default judgment in your favor.
At Keller Legal Services, we fight to protect your rights and move your divorce forward even when your spouse refuses to cooperate. We know the tactics uncooperative spouses use, and we use every legal tool available to overcome delays and secure fair outcomes for our clients.
Contact our Naperville divorce lawyer at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We proudly serve clients throughout Naperville and the entire Chicago area, providing trusted legal guidance through every stage of divorce.
