When a Spouse Is Refusing to Sign Divorce Papers

Illinios divorce attorney, Illinois family law attorney, divorce process,Marriage allows many Americans to live a happy and peaceful life. Unfortunately, couples can grow apart, and ending an unhealthy relationship is often better than fruitlessly trying to make one work.  The process of divorce can be complex on both legal and emotional levels, and if your spouse is refusing to sign divorce papers, you may be wondering what your options are. In Illinois, even if your spouse refuses to sign the papers, you can still end the marriage. This article will explain how.

How to Divorce When Your Spouse Refuses to Sign the Papers

It is important to understand that no matter what the other spouse says, he or she cannot prevent a divorce from happening. If one party wants a divorce, according to Illinois law, and the other refuses, a judge may still grant the divorce.

What to Do If You Cannot Locate Your Spouse

Many couples separate without a legal divorce. Essentially, their marriage remains in a type of limbo until one spouse seeks a legal divorce. This often happens when an ex-partner wants to remarry.

When this happens, the party that wants the divorce may have difficulty locating his or her ex-spouse. The issue here is that Illinois law states that both spouses must receive notification that the divorce has been filed, and both must receive the papers.

In some cases, it is possible to serve the divorce papers publicly by means of publication. This is as simple as publishing the notification in a local newspaper.

If you choose to serve your ex-partner divorce papers via publication, you must prove to the court that you have done everything in your power to contact your spouse. You should consult a lawyer before pursuing this option.

Contact a Divorce Lawyer in DuPage County

 If you are seriously considering divorce, or are currently involved in a divorce case, and you would like to speak with an experienced DuPage County family law attorney, contact the Law Office of Matthew M. Williams, P.C. at 630-409-8184.

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