Ekker Law, P.C. / Steven B. Ekker, Esq.

 What Do I Do If My Ex Will Not Sign Divorce Papers?

 Posted on January 13, 2022 in Divorce

 b2ap3_thumbnail_shutterstock_439098511.jpgPeople often want to know what to expect when they are thinking about filing for divorce. The truth of the matter is that this can be a hard question to answer because every divorce unfolds in its own unique way

Even so, there are certain aspects of a divorce that can go one of two ways. For instance, if you file for divorce and need to present the divorce papers to your spouse, the hope is that your partner accepts them in a respectful manner

However, in some cases, both spouses are not in agreement with the idea that a divorce is the best decision for their relationship. In those instances, one partner will file for divorce and give the divorce petition to their spouse, only for their spouse to refuse to sign the documents

Can I Still Get a Divorce If My Spouse Does Not Want One? 

If you find yourself in a situation where you are in favor of a divorce but your spouse disagrees with your perspective, you may be wondering if it is possible to get divorced regardless of this lack of agreement. You will be pleased to learn that you can still get a divorce if your spouse does not want one

How To Resolve the Problem 

If you are able to speak to your spouse in a productive manner, consider having a conversation with your partner in which you explain your reasons for wanting to finalize a divorce. After your spouse listens to your side of the situation, return the favor and hear their perspective as well.

Listening to your partner and communicating amicably does not mean that you have to change your mind. Rather, the intention here is to talk through the situation with the other party and see if you can come to a resolution on your own, resulting in an uncontested divorce.  

However, if you cannot come to a conclusion that you both agree to, hope is not lost. Instead, the next best step is to hire a family law attorney who can assist you in the divorce process by preparing a case and setting up a hearing

What a Family Law Attorney Can Do For You 

If your current or former spouse will not sign the divorce papers you presented them with, consider reaching out to a divorce lawyer in Illinois. An experienced attorney will help you navigate the process of a contested divorce

A divorce attorney will set up a hearing in your favor, at which point you and your attorney will appear before a judge and explain the reason for the contested divorce. Your partner is encouraged to attend the hearing alongside their legal representation

Each party will be able to present their side and provide the judge with the opportunity to evaluate each party's perspective. The judge that is present during the hearing will work to dissolve the problems at hand with the ultimate goal of finalizing the divorce

 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

 

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