What Do I Do if My Spouse Won’t Compromise on Anything in Our Divorce?

 Posted on October 15, 2026 in Divorce

A contested divorce happens when spouses can’t agree on one or more issues, such as property division, financial support, or parenting time. When one spouse refuses to compromise on anything, the case can take longer and cost more.

While this can be emotionally taxing, it doesn’t mean you’ll be left with an unfair final divorce agreement. Illinois courts have ways to move a case forward and decide on issues when one person won’t negotiate. Our McHenry County, IL divorce attorney can help you understand what options will help you during your 2026 divorce case.

Can Your Spouse Stop an Illinois Divorce by Refusing to Agree?

Your spouse can’t prevent a divorce, even if they refuse to compromise on any issue. Illinois is a no-fault state, and the only ground for divorce is irreconcilable differences. If you’ve lived separate and apart for at least six months before the judgment, the law will allow your divorce to proceed, even if your spouse says otherwise (750 ILCS 5/401).

Your spouse also can’t stall divorce proceedings indefinitely by refusing to negotiate. Before a judgment is entered, the court must consider property division, maintenance, and any issues involving the children. However, the court can leave these issues to be resolved later if the spouses agree or the judge finds appropriate circumstances. If the two of you can’t agree, the judge makes decisions based on guidelines in the law.

How Do Illinois Courts Handle a Spouse Who Won’t Negotiate?

The court process gives you different tools for different situations that do not depend on your spouse’s cooperation.

Financial Disclosure

Each spouse has to complete a sworn financial affidavit during the divorce. If your spouse refuses to share records, your attorney can request them through discovery or subpoena them from banks and employers.

Temporary Orders

While the case is pending, a judge can order temporary spousal or child support, decide who stays in the home, and set a parenting schedule.

Mediation

Illinois courts often send parents to mediation when they disagree about parenting issues. This gives parents a chance to work things out with the help of a neutral third party before a judge makes decisions regarding the children.

Fee Shifting

If a judge finds that a spouse caused a hearing for an inappropriate reason, such as harassment or unnecessary delay, the court will order that spouse or their attorney to pay the fees and costs for that hearing (750 ILCS 5/508(b)).

Note that fee shifting doesn’t apply just because your spouse disagrees with you. Taking a firm position on a real dispute isn’t improper. Rather, refusing to turn over documents or filing motions in order to drag things out can be.

What Can You Do to Move a Stalled Divorce Forward in Illinois?

A spouse who won’t compromise on anything is sometimes really fighting about one or two things. If you can figure out what those are, the rest may be easier to settle. You can also resolve some issues by agreement and leave only the hardest ones for the judge.

Keep your own conduct in mind. Communicate in writing when you can, stay polite even when your spouse isn’t, and follow any temporary orders exactly. Let your attorney make offers and respond to your spouse’s attorney, so negotiations don’t turn into personal arguments.

It also helps to know what matters most to you. If you’re willing to give on a lower-priority asset, that may open the door to an agreement on the issue you care about most. Your attorney can tell you how a court is likely to handle each issue that it must decide. If your spouse still won’t agree, the judge will hear evidence and decide the remaining issues.

Call a Kane County, IL Contested Divorce Attorney Today

A spouse who won’t compromise can make a divorce feel endless. Having supportive legal counsel can help you stay focused on reaching a resolution and moving your case forward.

Our McHenry County, IL divorce lawyers can help you gather the records you need, negotiate with your spouse’s attorney, and ask the court for needed temporary relief while your case moves forward. If an agreement isn’t possible, we can present your case at trial.

Call SpyratosDavis LLC at 630-810-8881 to discuss your divorce.