If my wife files for divorce do I have any legal ground to not sign the papers

UPDATED: Oct 1, 2022

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If my wife files for divorce do I have any legal ground to not sign the papers

My wife wants a divorce but I don’t do I have
any legal grounds to not sign the paperwork

Asked on April 15, 2019 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have the right to not agree to divorce her voluntarily and not sign the papers, but all that means is that she will then have to file a divorce case against you and take you to court. If you committed adultry, have an addiction, have ED, or can be shown to have been "cruel" to her, she can get a "fault" divorce in your state without a waiting period. If you haven't done something like that, she'll have to move out first and live apart from you for two years--which is her legal right to do; so you will be living separately as if divorced--before a "no fault" divorce is granted, but it will be granted: you cannot keep her married against her will. So you can delay matters and make them more expensive and painful for the two of you, but that's all you can do; you cannot stop her from divorcing you.

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