Legal Question in Family Law in Illinois
Can I contest a divorce filing?
My husband said he filed for divorce two weeks ago, but I have yet to be served. He seems like he is not sure if he is making the right decision. I do not want a divorce and my husband has made no attempts to try to resolve our issues through counseling or other means. What would happen if I did not sign the papers or contested the divorce?
3 Answers from Attorneys
Re: Can I contest a divorce filing?
You have a right to contest the divorce
Re: Can I contest a divorce filing?
THe short answer is no. If someone wants to divorce you they will be able to against your will. If they have dropped pursuing the matter, you can get the original petition dismissed, and go back to nothing being before the court.
Re: Can I contest a divorce filing?
If a divorce action has been filed, it is not necessary that you sign the papers for the divorce to go forward. All that is necessary is that you be served. Whether you file an appearance and responsive pleadings or not you will be divorced, even if by default.