Chicago, IL asked in Divorce and Family Law for Illinois

Q: What should I do proceeding forward with my divorce?

I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is illegal for me to submit the paperwork so I just have the forms. What should I do now?

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1 Lawyer Answer
Christine S. Janis
Christine S. Janis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Barrington, IL
  • Licensed in Illinois

A: If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does not agree with the terms of the agreement, the judge could order you to go to mediation in order to try to work out an agreement. If she is just being "difficult", it could be a little trickier. Either way, her refusal to sign the papers as promised can lead to unnecessary delays in your case.

While "illegal" is not exactly the right term, in order to submit the proper forms to the court for review, both parties must be in agreement with the terms of any settlement proposals. If she refuses to sign or agree to your proposals, you could benefit from the assistance of an experienced divorce attorney to guide both of you through the process. If you filed in the collar county/Chicagoland area, please feel free to reach out for a free consultation to learn more!

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