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As Illinois divorce attorneys, we frequently work with clients who feel trapped in a frustrating situation where their spouse refuses to cooperate during the divorce process. Whether the spouse avoids signing papers, ignores court orders, or fails to disclose financial information, their lack of cooperation can make an already emotional process even more stressful. The good news is that under Illinois law, one spouse’s refusal to participate does not prevent the divorce from moving forward. Courts have clear procedures to ensure that cases progress even when one party is uncooperative or intentionally delays. Understanding how Illinois law addresses these situations can help you protect your rights and keep your case on track.
Under 750 ILCS 5/401(a-5) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois recognizes “irreconcilable differences” as the only ground for divorce. This means that neither spouse has to prove fault, misconduct, or wrongdoing to obtain a divorce. The law also provides that if the parties have lived separately and apart for at least six months, that is sufficient evidence of irreconcilable differences.
Because Illinois is a no-fault state, one spouse cannot stop a divorce simply by refusing to cooperate or contesting the grounds. Once the petitioning spouse files a Petition for Dissolution of Marriage and properly serves the other spouse, the case can proceed with or without their participation.
The first step in any Illinois divorce is ensuring that the other spouse is legally notified of the filing. Under 735 ILCS 5/2-203, the responding spouse must be served with the petition and summons by a sheriff or a licensed process server. Once service is completed, they have 30 days to respond.
If they fail to respond within that time frame, the petitioner may request a default judgment under 735 ILCS 5/2-1301(d). However, a default judgment is not ideal and is an incomplete solution as it will typically only dissolve the bonds of matrimony and reserve all other issues for a later date.
This process ensures that one spouse’s refusal to cooperate cannot indefinitely delay the case. \
If a spouse initially participates but later refuses to comply with court orders—such as attending mediation, producing financial documents, or paying temporary support—the court has authority to enforce compliance through contempt proceedings. Under 750 ILCS 5/511, judges can impose fines, order payment of attorney’s fees, or even issue jail time for willful noncompliance.
For example, if one spouse refuses to turn over bank statements or employment records during discovery, the court can compel them to do so or issue sanctions under Illinois Supreme Court Rule 219(c). These sanctions may include monetary penalties, exclusion of evidence, or other consequences that may limit the noncompliant spouse’s ability to use certain documents or make certain arguments at trial.
Illinois law requires both spouses to provide full and honest disclosure of their finances. Under Illinois Supreme Court Rule 222, each party must complete a Financial Affidavit listing income, assets, expenses, and debts. If one spouse refuses to disclose or attempts to hide assets, the court can take strong corrective measures. Such disclosures are really only based on the honor system so to speak so they may not be effective in uncovering hidden assets.
As attorneys, we often work with forensic accountants and financial investigators to trace missing assets or verify income when a spouse tries to avoid disclosure. Illinois courts take financial honesty seriously, and failing to cooperate rarely benefits the uncooperative party in the end. Intentional concealment can also lead to perjury charges or civil penalties.
When children are involved, refusal to cooperate can complicate parenting arrangements. Under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, Illinois courts decide parental responsibilities (parenting time and decision making authority) based on the “best interests of the child.” One of those factors is the other parent’s willingness to foster a relationship between the child and the other parent. If one parent refuses to participate in parenting evaluations or mediation, the court can draw negative inferences about the noncompliant parent that may ultimately impact the court’s decision as to parenting time and decision-making authority.
Our legal team understands how frustrating and emotionally draining it can be when your spouse delays or disrupts the divorce process. We take immediate steps to move your case forward by:
Illinois divorce law provides multiple remedies for dealing with uncooperative spouses, and our role is to ensure that you are not left waiting indefinitely for justice.
No. Illinois is a no-fault divorce state under 750 ILCS 5/401(a-5), which means your spouse cannot stop the divorce by refusing to sign documents or appear in court. As long as you properly serve them and follow the required procedures, the court may grant the divorce without their participation .
If your spouse fails to respond within 30 days after being served, you can request a default judgment. The court will schedule a hearing, and you will need to present evidence about your finances, property, and parenting issues. If everything is in order, the judge can finalize the divorce even without your spouse’s participation.
Yes, the court can impose penalties or adjust the property division if your spouse hides assets or refuses disclosure. Under 750 ILCS 5/503(d), judges can consider a spouse’s noncooperation as misconduct and may compensate the other spouse through a larger share of marital property. This is a very complex issue however. If you suspect your spouse is hiding assets then you should absolutely seek legal advice on the best way to proceed.
The court may still proceed and make rulings in their absence. In custody disputes, refusal to participate in mediation or parenting evaluations may harm that parent’s credibility and influence the court’s decision about parental responsibilities.
Yes. Judges can hold a noncompliant spouse in contempt under 750 ILCS 5/511, leading to fines, attorney’s fees, or jail time. Enforcement motions ensure that temporary support, custody, or property orders are followed until the divorce is finalized.
The timeline depends on the court’s schedule and how quickly service and motions are completed. While delays can occur, default divorces often move faster because fewer hearings are required once the uncooperative spouse fails to respond.
We always advise that a party retain an attorney to assist in their divorcee proceedings rather than proceed without one. This is likely a very emotional and foreign topic for you, it is not for us. We deal with this area on a daily basis.
If your spouse refuses to cooperate during divorce proceedings, you still have options to protect your rights and move forward. At SBK Law Group, we guide clients through difficult divorces with determination, clear communication, and strong advocacy. Contact the Downers Grove divorce lawyers at SBK Law Group today at 630-427-4407 to schedule your consultation. We represent clients in Downers Grove, Illinois, and throughout the Chicago area from our convenient Downers Grove office.
