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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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Under Illinois divorce law, does a spouse have to grant the

Customer Question

Under Illinois divorce law, does a spouse have to grant the other spouse a divorce?
Submitted: 4 years ago.
Category: Family Law
Expert:  Barrister replied 4 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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There is no law in IL that states that one spouse has to agree to a divorce. The objecting spouse is free to contest it and refuse to voluntarily go along with it. However, this won't stop the other person from getting a divorce because if one spouse wants to terminate the marriage, then legally they can.
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Divorces are typically contested, uncontested or defaults. If they are uncontested, both spouses agree to divorce and split property, custody of children, etc. In a contested divorce, they essentially fight over things, but it eventually ends in a divorce as well. In a default divorce, one spouse simply doesn't respond and the filing spouse eventually gets whatever they were asking for in the petition.
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Thanks.

Barrister

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