What Can I Do if I Don’t Want to Get Divorced?

 Posted on July 20, 2026 in Family Law

Learning that your spouse wants a divorce can be shocking. You may still love your spouse, believe the marriage can be fixed, or feel that the decision came without warning. You may want to know whether you can refuse to sign the papers or ask the court to stop the case.

Unfortunately, one spouse cannot prevent an Illinois divorce by themselves. If your spouse has filed or is threatening to file in 2026, your most important step is to speak with a Kane County divorce lawyer. Even if you cannot stop the divorce itself, you can still protect your children, property, income, and future.

Can I Refuse to Let My Spouse Divorce Me in Illinois?

Illinois is a no-fault divorce state. This means your spouse does not have to prove that either of you did anything wrong.

Under 750 ILCS 5/401, the legal ground for divorce is that "irreconcilable differences" have caused the marriage to break down and that attempts to make it better have failed or would not be practical. If the spouses have lived separately for at least six months, the law creates a firm presumption that irreconcilable differences exist.

You do not have to agree that the marriage should end. However, the court can grant the divorce even without your consent. Refusing to sign papers or negotiate with your spouse will not stop the case. It may make the process slower, more expensive, and more stressful. It may also cause you to lose the chance to give the court your side of important issues.

What Happens if I Ignore the Divorce Papers?

Ignoring the case is usually one of the worst choices you can make. After you are formally served with divorce papers, you have a limited amount of time to file a response. If you do not respond or attend scheduled hearings, the judge may enter orders without hearing from you.

This is known as a default. A default judgment can decide issues involving:

• The division of marital property
• Responsibility for debts
• Spousal maintenance
• Child support
• Parenting time
• Decision-making responsibilities for children

You may later ask the court to undo a default order, but there is no guarantee the judge will agree. It is a much better bet to participate, even if you don’t want to.

Hiring a Kane County divorce lawyer does not mean you approve of the divorce. It means you are advocating for yourself in decisions that could affect the rest of your life.

Can Marriage Counseling Stop a Divorce?

Marriage counseling may help if both spouses are willing to participate. You can ask your spouse to delay filing or pause negotiations while you go to counseling. You may also ask whether your spouse is open to mediation.

However, you cannot force your spouse to remain married or take counseling seriously. The court will not normally dismiss the case merely because one spouse wants more time to reconcile.

If your spouse agrees to pause the case, your lawyers may be able to ask the court for additional time. You should still meet court deadlines unless your attorney confirms that the judge has granted an extension.

Why Do I Need a Lawyer if the Divorce Can’t Be Stopped?

The terms of a divorce may shape your finances and family life for many years. You should have an attorney review your spouse’s petition and explain what your spouse is asking the court to do. Your lawyer can also file your response and protect your rights during negotiations. This is especially important when the case involves a business, retirement accounts, real estate, valuable property, or major debt.

If you have children, your lawyer can help negotiate parenting time and decision-making responsibilities. Temporary court orders may be entered while the case is pending. These early orders can affect where the children live, when each parent sees them, and who pays support.

Call a Kane County Divorce Attorney Today

You may not be able to stop your spouse from ending the marriage, but you don’t have to go through the divorce process without legal protection. A St. Charles divorce and family lawyer at Mirabella, Kincaid, Frederick & Mirabella, LLC can explain your options and help you protect yourself now and in the future. Call 630-665-7300 to schedule an initial attorney meeting.

MKFM serves family law clients from our offices located in Kane, DuPage, and DeKalb County.