L. Kat Allen, Katherine A. McCollum, David R. Del Re, Fiona A. McCormick and John Radosevich

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What if your spouse ignores the divorce papers?

On Behalf of | Oct 27, 2026 | Family Law

When you first bring up the idea of divorce, your spouse makes it clear that it is not something they are interested in. Maybe they even directly tell you that they are not going to get divorced. They do not believe in it.

Even so, you eventually decide that the relationship needs to end. You file for divorce and serve the divorce papers to your spouse. The idea is that they will review the documentation, sign it, and file their response, which allows the legal process to begin. Next steps may include making financial disclosures, setting up initial hearings, and more.

But because your spouse does not want to get divorced, they just ignore the petition. They never file a response. What does this mean for your relationship?

You can still move forward with a divorce

The good news is that you can still get divorced. You may simply have to ask the court for a default divorce judgment. You can still submit your proposal for certain terms, such as splitting up child custody or marital assets, and the court can issue a divorce, even if your spouse never responds.

This can delay the process somewhat. In Illinois, your spouse generally has 30 days to answer the petition. Even if you know that they are not going to, you still have to wait for at least those 30 days before you ask for the default divorce judgment.

However, do not make the mistake of assuming that your spouse can prevent the divorce. They cannot. You just need to know what legal steps to take moving forward.