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How to Contest a Petition for Divorce

Divorce is not something that most spouses agree on in even the best of situations. If you have been notified that your spouse has filed a petition for divorce, and you do not want to get divorced, is there any way to stop the proceedings? This is a question that many people ask of their Glencoe divorce lawyer during their initial meeting. In most cases, there is not really a way to stop a petition for divorce, although there are ways to contest the divorce process. Here’s what you need to know.

Understanding Illinois Divorce Law with Your Glencoe Divorce Lawyer

Under Illinois divorce law, a marriage can be dissolved that has:

  • Irreconcilable differences
  • An irretrievable breakdown of the marriage
  • Failed efforts at reconciliation
  • Been determined that it is not practical to stay together
  • Been determined that it is in the best interests of the family to be apart

In any of these cases, it only takes one of the parties to file that the marriage meets the requirements for dissolution. If one spouse believes that the marriage has suffered an irretrievable breakdown, and the other does not, there is not much that the latter party can do.

When you first visit your divorce lawyer in Glencoe, they will explain that in reality, the only way to contest a petition for divorce is to contest the elements of the divorce itself. This must be done within 30 days of being served the divorce petition. What does contesting the elements of divorce mean?

Contesting the Elements of Divorce

Under Illinois divorce law, no marriage can be dissolved until all the responsibilities of parental rights, spousal maintenance, child support, and property division, have been considered and decided. This means that if one party wishes to contest the divorce, they can simply refuse to agree to any of the solutions offered for these areas.

For example, if John Doe wishes to stay married to his wife Jane, he can refuse to agree to the proposed child support arrangement that her lawyer puts in the petition. This will, in effect, slow down the proceedings, because the courts will ask that the parties attempt to come to an agreement.

Contact a Divorce Lawyer to Learn More

If you have questions about how to contest a petition for divorce, contact a Glencoe divorce lawyer at Divorce Lawyers Chicago today. Call us at 312-621-5234 to learn how get assistance with each step of this process.