What If My Spouse Won’t Sign the Divorce Papers?

 Posted on July 17, 2025 in Divorce

It goes without saying that even under average circumstances, divorce is no walk in the park. However, if one spouse refuses to cooperate, it can become even more difficult. If your spouse will not sign the divorce papers, or is actively trying to delay the process, you may wonder whether you can still move forward on your own.

You may be surprised to learn that in Illinois, you can. You do not need your spouse’s permission to get divorced. While their refusal to participate can slow things down, it will not stop the court from finalizing your divorce. If you need help navigating complicated situations in your own divorce, speak with an experienced Naperville, IL family law attorney.

Does Illinois Require Both Spouses to Agree to the Divorce?

Illinois is a no-fault divorce state, meaning you do not need to prove wrongdoing or get your spouse’s consent. As long as you meet the legal requirements and file correctly, your divorce can move forward with or without their cooperation. If one spouse contests the divorce or refuses to sign paperwork, the court will treat the case as contested. However, if they fail to respond altogether, the court may eventually enter a default judgment.

What Is a Default Divorce in Illinois?

A default divorce occurs when one spouse files for divorce and the other does not respond within the required time. In Illinois, the responding spouse generally has 30 days to file an appearance and respond after being served. If they do not, the filing spouse may request that the court proceed without them.

In a default divorce, the judge can grant the terms requested in the original petition, based on the information provided by the petitioner. This can include decisions about property division, spousal maintenance, parental responsibilities, and child support.

What If My Spouse Tries to Delay the Divorce?

Some spouses respond to divorce papers but refuse to negotiate or show up to hearings. Others try to drag out the process by filing unnecessary motions, avoiding financial disclosures, or failing to comply with court orders. In these situations, the court may issue deadlines, sanctions, or other enforcement measures. A judge will not allow one spouse to indefinitely delay the process or avoid responsibility.

How Are Parental Responsibilities Handled When One Spouse Refuses to Take Part in Divorce Proceedings?

If your divorce involves children, the court will make decisions based on what is in the child’s best interests, even if your spouse is uncooperative. Refusing to participate can hurt their credibility when it comes to parenting time or decision-making authority.

Attorney Don Pesce is court-approved to serve as a Guardian ad Litem, child’s representative, and attorney for the child in contested family law cases. He also serves as a court-appointed mediator for custody and visitation matters. His experience gives him a unique perspective when navigating complex divorce and parenting cases, including when one spouse is unresponsive or combative.

Contact a DuPage County, IL Default Divorce Lawyer

If your spouse is refusing to sign the divorce papers or trying to delay your case, you still have options. Contact a Naperville, IL divorce attorney at Pesce Law Group, P.C. for a free consultation. While it may take longer, and while you may have to take extra steps to meet procedural requirements, you can get divorced even if your spouse refuses to sign or cooperate. The court will not force you to remain in a marriage simply because your spouse wants to delay the process, so call 630-352-2240 to schedule a free consultation so we can get started on your case.