If my husband won’t sign themarital settlement agreementor negotiate, how do I get divorced?

Asked on November 11, 2011 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so you have a contested rather than uncontested divorce case and the issues between you will be decided at trial by a trial judge.  You have not stated if you are both represented by counsel in this matter or at what stage of the litigation you are presently in.  Yes, I understand that you have been negotiating the issue of your assets and debt but have you actually file d for divorce?  If you have not filed for divorce then once you file and have him served he will have to answer the complaint.  If he does not then he will be considered in default and you can obtain a divorce of the actual marriage once the time frame has passed but it may not be a determination on the assets and debt of the marriage.  Get help here.  You have a long - and expensive - road ahead.   Good luck.

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