What Happens if My Spouse Refuses to Sign Divorce Papers in Illinois?

 Posted on September 11, 2025 in Divorce

Divorce is rarely simple, and the process can become more stressful if one spouse refuses to cooperate. In Illinois, you do not need your spouse’s signature to complete a divorce, but delays can occur if they try to avoid the process. If you find yourself in this situation, you should understand how Illinois law works and what options are available to you. Our experienced DuPage County, IL divorce lawyers can guide you through each step and protect your rights while the case moves forward.

How Long Does My Spouse Have To Respond After Being Served Divorce Papers?

When you file for divorce, your spouse must be formally served with a copy of the petition. According to the Illinois Marriage and Dissolution of Marriage Act, once served, they generally have 30 days to file a response. This time frame ensures that you both have a fair opportunity to participate in the divorce process.

If your spouse needs more time, they may request an extension from the court, but judges do not grant delays without a valid reason. Failing to respond within the deadline can put them at risk of losing the ability to contest issues like property division or custody, since the court is authorized to proceed without their input.

What Happens if My Spouse Does Not Respond to Divorce Papers?

If your spouse refuses to respond, ignores the court papers, or avoids service, the court does not allow them to stop the case indefinitely. Illinois law prioritizes progress in divorce cases, and 750 ILCS 5/405 authorizes courts to issue a default ruling when one party does not participate.

A default judgment typically grants the filing spouse what they requested in the petition. You just need to ensure that your requests are reasonable and comply with the law. For example, property division must still follow Illinois’s equitable distribution rules under 750 ILCS 5/503.

While a default divorce can save time in the long run, you still need to present accurate financial information and evidence to the court. Judges want to ensure the final decision is fair, regardless of your spouse’s cooperation.

Can a Spouse Delay a Divorce by Refusing Mediation?

Illinois courts often encourage or require mediation for disputes involving children. Mediation helps parents work out parenting time and decision-making without a long, contentious trial. If one spouse refuses to participate, the court may order mediation and require attendance.

Additionally, 750 ILCS 5/602.10(c) requires courts to send parents to mediation on parenting-plan issues, unless the judge decides that the circumstances of the case make mediation unreasonable. For example, mediation is typically not useful when there has been a history of domestic violence, since forcing a survivor to sit down with their abuser could put them at risk or create an unfair power imbalance during the process.

Even if mediation fails, the case still moves forward. The judge will make decisions based on the child’s best interests and may take a parent’s refusal to cooperate into consideration when managing the case schedule and resolving disputes.

What if My Spouse Attempts To Hide Assets?

Divorce often involves a detailed financial review, and if your spouse tries to hide assets, it can directly affect your share of the property. These attempts are usually meant to make it look like fewer marital assets exist, but Illinois law requires both spouses to provide full financial disclosure.

Some of the most common tactics for hiding assets include:

• Moving money into a separate or undisclosed bank account

• Transferring property or valuables to friends or relatives

• Underreporting income from a business, side job, or investments

• Making large cash withdrawals without explanation

• Claiming that valuable items, such as jewelry, collectibles, or artwork, were lost or sold for less than their true value

If you suspect your spouse is hiding assets, your attorney can use discovery tools like subpoenas, tax returns, and bank statements to track down the truth. If the court finds that your spouse concealed or dissipated property, it can award you a greater share of what remains, to balance the outcome.

Preventing Hidden Assets and Dissipation of Property

Illinois law recognizes that asset dissipation is a significant problem, and offers tools to prevent or stop it. Under 750 ILCS 5/501, judges have the authority to issue temporary measures that keep both parties accountable and preserve the marital estate until final orders are entered.

Through Section 501, the court can require you and your spouse to maintain existing accounts, keep accurate records, and avoid unusual transfers or sales. Judges may also demand limited disclosures early in the case so the court can spot red flags before too much damage is done.

Steps you can take to help protect yourself include:

• Monitor your finances regularly for unusual activity.

• Gather and copy recent financial statements, including bank, retirement, and investment accounts.

• Pull your credit report to check for new accounts or debts in your name.

• Set up alerts on accounts to flag large withdrawals or transfers.

• Track household spending so sudden changes are easier to identify.

• Make copies of important documents, such as tax returns, pay stubs, and loan statements.

• Keep a secure record of valuable property, including photos or appraisals.

• Share any concerns with your attorney immediately so legal action can be taken if needed.

If your spouse ignores a court order, the judge can respond with sanctions such as fines or an award of attorney’s fees. Acting quickly gives you stronger control over the process and ensures that your marital property remains available for fair distribution when the divorce is finalized.

Contact a Lombard, IL Divorce Attorney Today

At A. Traub & Associates, we take pride in being a female-owned and led law firm that promotes diversity in the legal field while delivering strong advocacy for our clients. Our attorneys are also certified mediators, which allows us to offer collaborative solutions in divorce and custody cases whenever possible. Backed by years of experience, our team of DuPage County, IL divorce lawyers is committed to helping you resolve complex and contentious matters with skill and compassion.

Call us today at 630-426-0196 to schedule a consultation with a knowledgeable team that can help you get through the divorce process as quickly and efficiently as possible.