The short answer is that you really cannot stop a divorce if your spouse wants to end your marriage. If one spouse wants to be divorced in Illinois, the marriage will be dissolved. Efforts to avoid, delay or stop the process will almost certainly only prolong the inevitable and make it more expensive.
Some things to consider if you want to make a divorce more difficult or if you try to prevent it:
- A judge will be required to grant a divorce if you live separate and apart for a period in excess of 6 months. This does not mean separate homes or even separate bedrooms. This requirement can be satisfied by simply not living as a family or married couple. Dining alone, travelling alone, going to parties alone, having separate financial accounts and other similar factors can be used to determine if this requirement is met.
- Efforts to block a divorce will only make the party who wants to end the marriage more hurt, angry and hostile. The result is often a hate filled post-divorce relationship rather than one that could be amicable.
- Efforts to block a divorce often includes getting the kids involved with choosing sides and being in a state of limbo and uncertainty longer than necessary. The result is strained relationships with children and damage to the kids’ emotional well-being. This applies whether the children are 2 or 32 years of age.
- Once a divorce is finalized, people do reconcile and can rebuild a relationship. Each party may have increased control over their financial situation which often eliminates one source of strain in a marriage.
- If a party tries to obstruct the divorce process, there will be less money and less financial security for both parties.
Wakeman Law Group
741 S. McHenry Avenue
Crystal Lake, IL 60014