Divorce can be complicated, and it can become even more difficult when one spouse refuses to cooperate. If you have found yourself in this situation, you may wonder whether you can proceed with a divorce without your spouse’s agreement. While an uncooperative spouse can delay the process, he or she cannot stop it entirely. The guidance of a knowledgeable Illinois divorce lawyer can make all the difference when it comes to navigating this process and protecting your rights.
Do Both Spouses Have to Agree to Divorce in Illinois?
Illinois law does not require mutual consent in order to divorce. A spouse may file for divorce based on irreconcilable differences, meaning the marriage is beyond repair.
If one spouse contests the divorce, the court may require proof that the marriage has broken down. However, if the spouses have lived separately for at least six months, the court will presume irreconcilable differences exist and allow the divorce to proceed. This means that even if your spouse refuses to participate, the court can still grant a divorce.