Can I Get a Divorce if It’s Not Mutual?

Can I Get a Divorce if It’s Not Mutual?

Deciding to end a marriage is never easy. It becomes even more daunting when faced with the fear that your spouse won’t agree to divorce. Thoughts of being trapped in an unhappy marriage, having to endure more abuse, or engaging in a costly legal battle can overwhelm anyone. But rest assured, at Andrea Heckman Law, we’ve supported many clients through similar challenges. You have options, even if your spouse is resistant. Read on to discover how Illinois law supports your right to divorce without mutual consent.

Understanding the Legal Process in Illinois

In Illinois, the legal system acknowledges that the desire to end a marriage doesn’t always involve mutual agreement. Unlike marriage, which requires both parties to consent, divorce does not necessitate mutual approval. One party can file for divorce, initiating the legal process without needing the other party’s agreement. This flexibility is crucial for individuals feeling stuck in a marriage, empowering them to pursue their personal happiness.

Illinois operates under a “no-fault” divorce system, meaning you don’t need to prove wrongdoing by your spouse to file for divorce. The primary ground for divorce is “irreconcilable differences,” indicating that the marriage has irretrievably broken down. This approach simplifies the process, allowing one spouse to move forward independently.

Steps to File for Divorce Alone

Navigating a unilateral divorce in Illinois involves several steps. First, you’ll need to file a petition for dissolution of marriage with the appropriate family court. This document outlines your intention to divorce and identifies any requests related to child custody, support, or property division. It’s essential to ensure that all paperwork adheres to legal standards to avoid delays.

After filing, you must serve your spouse with divorce papers. This step is essential, as it officially notifies your spouse of your intent to divorce. Even if you know your spouse won’t respond or acknowledge the petition, you must still complete this step. Under Illinois law, your spouse has thirty days to respond once served. If they fail to do so, the court may proceed with a default judgment.

What a Default Divorce Means for You

Receiving a default judgment is the most likely outcome when filing for divorce without mutual consent. This means your spouse has either not responded to the petition or failed to appear in court.

A default divorce can save you time and money compared to contested divorces, where both parties must attend court hearings and negotiate settlements. However, it’s essential to remember that even if no one contests the divorce, it doesn’t mean there won’t be issues. A default divorce typically grants requests based on what Illinois law considers fair and reasonable. This may not always align with what you desire or believe is fair.

To avoid any unwanted outcomes, it’s crucial to seek legal counsel and carefully consider all aspects of the divorce process before proceeding with a default divorce.

It’s Time to Take Control of Your Future

Ultimately, you should not let the fear of your spouse’s opposition deter you from pursuing a path that prioritizes your personal well-being and future happiness. Illinois law recognizes the importance of individual autonomy and provides avenues for individuals seeking divorce without mutual consent. However, navigating a unilateral divorce can be complex, and it’s essential to have experienced legal guidance throughout the process. 

At Andrea Heckman Law, we are committed to supporting our clients through all aspects of divorce, including those that may not be mutual. Contact us today to schedule a consultation and take the first step towards your new life. Remember, you have options and don’t have to go through this alone.