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Should I Fight My Divorce?

Posted on in Divorce

Illinois divorce attorneysIt can be one of the worst feelings for an unsuspecting spouse who receives notice that the person they are married to has filed for divorce. Even if you had previous suspicions that they were not engaged in your relationship like they once were, nothing truly prepares you for the day the devastating news arrives.

If you were blindsided by your spouse’s divorce filing, you might be asking yourself what you can do to preserve your marriage, and whether you can fight it in court. The hard truth is – attempting to do so would likely be a costly waste of time.

Fighting Divorce in Illinois

The bottom line is that while it takes two people to get married, it only takes one willing spouse to get a divorce. Marriage is a legal contract entered into by a couple, but both parties do not have to agree to end the agreement.

In 2016, Illinois became no-fault divorce state, which means irreconcilable differences are the only grounds for divorce. By filing for divorce, a spouse legally declares that those differences “have caused the irretrievable breakdown of the marriage.” There is no legal action that can force someone to stay married if they no longer want to. If you do not respond to the filing, the court can eventually proceed and determine all elements without you. Needless to say, this is the worst possible outcome.

What to Do When You Receive a Divorce Petition

Instead of contemplating how you can fight divorce legally, ask your spouse if they would try to work on your relationship through counseling, regardless of whether you have already attempted to do so. If they have no interest in saving your marriage, it is time to prepare for the divorce process.

It is imperative you have a skilled and experienced divorce attorney to guide you and to handle all legal aspects of your case. If you and your spouse are on even remotely positive terms, divorce mediation can save you time, money, and emotional hardship when compared to fighting over every facet in a courtroom. When you have respective attorneys, you can also negotiate through them to decide child custody, parenting time, child support, spousal maintenance, and all other divorce agreement issues. 

Contact an Orland Park Divorce Lawyer

Feelings of shock and desperation are normal when you receive surprise notification your spouse no longer wants to be married. Your primary focus now is to choose a Tinley Park divorce attorney who will fight for everything you deserve during mediation or divorce litigation. To learn how Anderson and Associates, P.C. can help you today, call 708-226-9904 for a free consultation.

Sources:

https://www.equitablemediation.com/blog/my-husband-wants-a-divorce

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

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