Lawyer's secret: Generally,
no you cannot stop a divorce case, but there are ways to convince your spouse to stop.
A strict interpretation of the Illinois Marriage and Dissolution of Marriage Act does
provide that a spouse can stop a divorce, or better said, prevent a divorce action from being completed. However,
the reality is that most Court's do not accept a strong defense to a divorce case in the effort of a spouse to seek dismissal
of the case. Most people simply drag out the case (make it take a long time), which also usually means
making the case very expensive. Delay in a case almost always means the case will cost more.
This is not to say that you cannot stop the divorce. The law does provide for
your defense to prevent the divorce from being completed. Sometimes causing delay (more expense) may make your spouse
think twice about wanting the divorce. I have seen this happen in a few cases, where high cost has cause a spouse to
drop the case. However, that type of situation is by far the exception rather than the rule.
More effective ways to stop a divorce process are employed
outside of the divorce courtroom. Generally, top ways to stop a divorce are as follows: (1) convince your spouse
to attend marriage counseling; (2) some spouses "give in" to the idea of a divorce and find out that their spouse
really doesn't want one; (3) change who you are (workout, get counseling, gain confidence), and your spouse will see a person
whom they want in their lives; (4) show examples of divorce to your spouse to ascertain, if that is what he or she really
More often, than not, many spouses
want a divorce because they have found a new lover. In that case, the spouse that is left behing finds it impossible
to sway their spouse "back" and they have greater difficulty in the emotional tangling of a divorce.
If you have any questions related to this topic,
call Paul D. Nordini at (630) 306-6300
or he can be reached by email at: firstname.lastname@example.org