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Three Common Ways People Try to Stall in Divorce

Are you preparing to get divorced in Illinois? If so, you undoubtedly want to make it through the process as efficiently and painlessly as possible. Unfortunately, your partner may not be on the same page. It is not uncommon for people to try to ‘stall’ a divorce.

The good news is your spouse cannot prevent you from getting a divorce. There are steps you can take to keep the process moving forward. Here, our Naperville and Bolingbrook family law team highlights three (3) of the most common ways people try to obstruct the divorce process.

Refusing to Negotiate in Good Faith (Or At All)

In some cases, people will try to slow down a divorce by refusing to negotiate in good faith or refusing to discuss issues at all. By doing so, they may try to make it impossible to reach a divorce settlement. As frustrating as this can be to deal with, it is important to emphasize you do not need your spouse’s permission or signature to get a divorce.

Illinois is a pure ‘no-fault’ divorce jurisdiction. Under state law (750 ILCS 5/401), you have the right to end a marriage on the grounds of irreconcilable differences. While it is generally best to try to negotiate a divorce agreement that works, it may not be possible if your spouse simply refuses to cooperate. You can move forward with a divorce on your own.

Dodging the Divorce Papers

Everyone has the right to notice of legal action. Under state law, you must notify your spouse a divorce action has been filed. When you file for divorce in Illinois, you must:

  • Serve divorce papers on your spouse; or
  • Submit a legally valid ‘waiver of service’ — indicating your spouse has consented to not be served.

A common obstruction strategy is to try to dodge divorce papers. In Illinois, your only duty is to make a good faith, reasonable effort to serve divorce papers. If your partner is dodging service of process, your Illinois family lawyer can help you take action to move forward with the case.

Bogging Down the Process With Motions/Legal Filings

Finally, some people try to obstruct the divorce process by filing an array of complicated and often frivolous motions. Essentially, the strategy is to try to bury the other party in paperwork. This can be the most difficult delay tactic to deal with. How exactly you should respond to this depends on the specific nature of the case. It is important to address all legal filings. Our Illinois divorce attorneys will review all legal filings related to your case and determine exactly what needs to be done to protect your legal rights.

Contact Our Illinois Divorce Attorney for Help With Your Case

At Keller Legal Services, our Illinois family lawyers are compassionate, solutions-focused representatives for clients. If you are trying to overcome stalling tactics in a divorce, we are available to help. For a free, confidential consultation, please contact us right away. We represent clients throughout the entire region, including Naperville and Bolingbrook.