The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

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Batavia divorce attorney default judgment

Making the decision to get a divorce is not a small one and should not be taken lightly. In an ideal situation, both spouses would come together to come up with the terms of their divorce agreement so they can bring their marriage to an end peacefully. However, very few situations end up being ideal and most divorces do not involve as much peace and cooperation as the spouses involved in them wish there was. Some divorces are only finalized due to the determination of one spouse because of the unwillingness or unknown whereabouts of the other spouse. In cases such as these, in which your spouse is missing or is unwilling to cooperate with the divorce, it is still possible to get a divorce, but the process will likely be slightly more complicated.

Divorcing an Unwilling Spouse

In most cases, once one spouse brings up the idea of a divorce, the other spouse will follow or at least try to resolve the situation. In some cases, however, the respondent, or the person who is receiving the divorce petition, may shut down or refuse to acknowledge the divorce papers or the other spouse’s desire for a divorce. Once you have filed the divorce petition with the clerk of the circuit court, your spouse has 30 days to respond to the petition and notify the court as to whether or not he or she will be showing up for the initial hearing.

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Geneva divorce attorney

At the beginning of your marriage, both you and your betrothed were likely bright-eyed and crazy in love. However, life rarely works out the way you plan. One day, you may find yourself trying to figure out how to tell the person with whom you once wanted to spend the rest of your life that you want a divorce. Unfortunately, not everyone feels the same in the end. Sometimes, the other spouse does not think the relationship is over and does not want a divorce. Even though this can make the legal process of ending your marriage more challenging, you can still obtain a divorce if your spouse refuses to acknowledge your desire for one.

Handling a Spouse Who Refuses to Call it Quits

In the state of Illinois, the divorce process is started when you file a Petition For Dissolution of Marriage with the clerk of the court in your jurisdiction. This officially asks the court to legally terminate your marriage, and it also establishes you as the petitioner and your spouse as the respondent. Once you have filed your petition, you are then responsible for notifying your spouse of your intent to divorce and of the hearing that will be held before the judge. Your spouse has 30 days from the date you filed the petition to file a response to the notice.

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Posted on in Divorce

divorce, petition, Aurora family lawyerThe first court document filed in a divorce is a petition for the dissolution of marriage. Once you have been served the petition you typically only have 30 days to file a response. The way you respond to the petition will affect the rest of the divorce process.

Timing of the Response

The usual deadline for a response to the petition is 30 days, but sometimes more time may be required. Lawyers often ask for extensions to the deadline to both avoid a default judgment and to make sure that there is adequate time to properly prepare the response. However, the deadline to file will not be extended too long because nothing in the divorce case can continue until the response is filed.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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