I Don't Want to Get Divorced. Can I Fight It?

DuPage County Divorce Attorneys Recommend Not Contesting Your Spouse's Divorce Filing

You entered into your marriage believing the vow, "until death do us part," but now it appears that the end will come much sooner. Perhaps your spouse filing for divorce caught you by surprise, or maybe it was a foregone conclusion after years of difficulty. Either way, if you think you want to fight the divorce in court, you should consider the following:

Under Illinois law, if a person chooses to end their marriage, they can usually do so, even if the other spouse does not agree that the marriage should end. Since Illinois is a "no-fault divorce" state, the only reason a person will give for seeking a divorce is "irreconcilable differences." In their divorce petition, they will state that the marriage has broken down to the point that it cannot be repaired.

While one spouse may wish to contest the claim that there are irreconcilable differences, Illinois law also states that if spouses live "separate and apart" for at least six months, irreconcilable differences will be presumed. A spouse can claim that a couple has lived separate lives even if they are residing in the same home. Because of this, attempting to contest a divorce petition is usually not worth it, and it will only serve to delay the divorce proceedings. A couple can choose to reconcile and dismiss their divorce, but until that happens, it is usually best to proceed with the expectation that the marriage will be ending.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the emotional and physical strain caused by divorce, whether you expected it or not. If your spouse filed for divorce, your thoughts should now shift from marriage preservation to protecting your interests and your future.

A divorce filing strongly suggests that your spouse already has legal representation for what lies ahead. Do not delay any longer in securing a skilled divorce lawyer. At our firm, we have decades of experience in:

Once your divorce is finalized, if any issues arise in the weeks, months, or years ahead, we can assist with any necessary post-divorce modifications or enforcement of child support or child custody orders.

Is Divorce Mediation a Good Idea?

Even if emotions are high, and collaboration with your soon-to-be former spouse does not seem likely, mediation could help bridge the gap between you. It can provide a method to reach agreements together and avoid the anger that often escalates as a divorce works its way through the court system. It is less expensive than divorce litigation, and it may reopen the lines of communication and allow for long-term co-parenting success.

You do not have to agree on everything as long as you approach the mediation process with a positive mindset. You might not feel like you can do that at first, but take some time, and weigh it against the alternative of stressful and costly divorce litigation. An attorney at our firm can sit down with you to discuss all available options so you can decide the path that is best for you.

Contact a DuPage County Divorce Lawyer

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we strive to make the divorce process as easy as we possibly can for you. This is a difficult chapter in your life, but there are many good ones ahead, especially when you plan for your future with an experienced legal professional. Contact a Wheaton, IL divorce attorney at 630-665-7300 for an Initial Attorney Meeting.

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