Filed for divorce - She is refusing to negotiate.

OFlahertyLaw · 2024-11-24T20:37:45+00:00

If a spouse does not have a job at the time of divorce, they will typically get imputed a salary by the court for purposes of financial negotiations.

If a spouse is refusing to negotiate divorce settlement terms in Illinois, there are several steps you can take:

Attempt Mediation: In Illinois, mediation is often encouraged or required by the court. Mediation involves a neutral third-party mediator who helps facilitate communication and negotiation between the spouses. This can be an effective way to resolve disputes without going to trial.
Consult with an Attorney: If your spouse is refusing to negotiate, it's essential to work with a divorce attorney. Your attorney can provide legal advice tailored to your specific situation, advocate for your interests, and help you understand your rights and options under Illinois law.
File a Petition for Dissolution of Marriage: If you haven't already, you'll need to formally file a petition for divorce with the court. This initiates the legal process and puts the matter before a judge.
Discovery Process: If negotiations are at a standstill, you may need to engage in the discovery process. This involves gathering financial and other relevant information to understand the full scope of assets, debts, and other issues that need to be addressed in the settlement.
Request a Temporary Hearing: If urgent matters (such as child support, spousal support, or possession of the family home) need to be addressed before the final divorce, you can file for a temporary hearing. This asks the court to make temporary rulings while the case is pending.
File a Motion to Compel: If your spouse is refusing to participate in negotiations or is being uncooperative, your attorney may file a motion to compel. This is a formal request for the court to order your spouse to engage in the process.
Prepare for Trial: If your spouse remains unwilling to negotiate, and all other options have been exhausted, the case may ultimately go to trial. In Illinois, the court will make decisions on the division of property, custody, support, and other matters based on the law and the facts of the case.
Understand Illinois Laws: Be aware of Illinois’ laws regarding property division (equitable distribution), spousal support (maintenance), child support, and custody. Illinois follows an "equitable distribution" approach, meaning assets and debts are divided fairly, though not necessarily equally. Knowing these laws can help you assess the reasonableness of your spouse's position and make informed decisions. It’s important to remain patient and focused, as divorce can be a long and emotionally taxing process. Having legal guidance and exploring alternative dispute resolution options like mediation or collaborative law may help resolve issues without resorting to trial.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

EnvironmentalAd3558 · 2024-05-24T13:14:13+00:00

Not only file and serve but push to get the case set for trial at the earliest possible date. A looming trial date is a good incentive for settlement.

upvotersfortruth · 2024-05-23T23:58:08+00:00

Let her get a job. Wait.

jimsmythee · 2024-05-23T21:38:29+00:00

Just grit your teeth and file. You're not going to get anywhere with her.

I was married to an addict, not an alcoholic, but to a pill popper. I tried my damnest to get her to at least tell me, "what do you want out of this divorce" and to "be reasonable."

She figured if she held out long enough, I'd just give her everything she wanted, just to be done with her.

So I just got with my lawyer and filed for divorce, served her divorce papers and moved out.

Hint; mediation went nowhere. Again, not unless I was going to give her everything.

We went to trial and I did better than I could have hoped for in trial.

soontobesolo · 2024-05-23T21:23:26+00:00

Just file and listen to your lawyer.

Its_Only_My_Opinion1 · 2024-05-23T21:09:03+00:00

Follow the instructions of your lawyer.

Title	Filed for divorce - She is refusing to negotiate.
Author	ashintray
Upvotes	6
Comments	12
Date	May 23, 2024 9:01 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1cz3ljh/filed_for_divorce_she_is_refusing_to_negotiate/
Archive Link	https://theredarchive.com/r/Divorce_Men/filed-for-divorce-she-is-refusing-to-negotiate.1519334 https://theredarchive.com/post/1519334

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