Marriage certainly has to be mutual. Even if you don’t have a traditional ceremony, you both still have to sign the marriage certificate. There’s no way for one person to declare a marriage when the other person doesn’t agree.
But does the same process apply to divorce? Say that you would like to get a divorce, but your spouse does not want to get one. Do they have to agree with you? Do you have to make this decision mutually? Or is there something that you could do to continue to seek the divorce even if your spouse did not want it?
Only one person needs to file for divorce
If you’re in this situation and you are feeling a bit trapped, there’s good news. Only one of you has to file for divorce, and it certainly does not have to be mutual.
You do have to notify your spouse about the filing. But even if they ignore those notifications or if you can’t get in touch with them for some reason, you can move forward with a default divorce. As long as you didn’t skip any steps and you honestly did try to get your spouse to cooperate, the court can then rule in your favor, and you get a divorce even without your spouse’s approval.
In some ways, you could even argue that a default divorce may work in your favor and give you a better result than if your spouse had agreed to participate in the process. If they don’t even want a divorce, odds are they’re not going to agree with you about the specifics in terms of child custody, property division and other major questions. This can lead to a long divorce process as the court seeks a solution.
With a default divorce, however, the terms that you’ve requested are generally just granted as long as they’re legal. So you may find that this process takes a bit more time because you have to wait for certain deadlines, but you may gain some of that time back because you and your spouse don’t have to argue over these terms in court.
Divorce FAQ
Here are answers to common questions about what to expect in Illinois.
How long does a divorce take in Chicago in 2026?
The timeline to finalize your divorce depends on how well you and your spouse cooperate. An uncontested divorce often takes two to six months to complete. If you both agree on all terms and have lived separately for at least six months, you may qualify for a “joint simplified dissolution.”
Contested cases that go to trial usually last much longer. These disputes can take six months to a year or more to resolve. Court schedules and the complexity of your assets also affect the total timeline. Scheduling a hearing on the court calendar requires patience and precise filing.
Can you get full custody in a default divorce?
Illinois law no longer uses the term “custody” and instead focuses on the “allocation of parental responsibilities.” You can ask the court to grant you sole decision-making power and the majority of parenting time if your spouse fails to respond. However, the judge always prioritizes the child’s best interests over a parent’s absence.
Judges do not automatically grant every request just because the other parent is missing. You must still provide evidence that your proposed parenting plan ensures a safe and healthy environment. The court generally prefers that both parents stay involved in the child’s life whenever possible. State legal standards protect the child’s welfare above all else.
What if you cannot locate your spouse?
You can still obtain a divorce even if you do not know where your spouse lives. You must first prove to the court that you made a “diligent inquiry” to find them, including checking with family, searching social media and reviewing public records. If these efforts fail, the judge may allow “service by publication.”
The process requires you to place a legal notice in a local newspaper once a week for three consecutive weeks. If your spouse does not respond within 30 days of the first publication, you can move forward with a default judgment. Missing spouses cannot indefinitely stall your ability to move on with your life.
What do you need to do?
If you want to divorce, no matter where your spouse stands on the issue, just make sure you understand all the legal steps to get the process underway.