A) We Both Hired the Same Attorney to Represent Us.
It is a violation of ethical rules for an attorney in Illinois to represent two parties who have direct, competing legal interests – also known as a conflict of interest. Many clients mistakenly believe that the attorney hired by their soon-to-be ex-spouse to draft the marital dissolution documents is also “their attorney”. Although this attorney may have been retained by your spouse to draft documents that you and your spouse have purportedly come up with together, this attorney is still obligated to look after his/her client’s best interest; therefore, the attorney is obligated to make sure that the client who hired him/her (your soon to be ex-spouse) is the party who is fully informed and protected. They are also legally obligated NOT to give you legal advice regarding this matter. This is why it is highly advisable to hire your own attorney to protect your interests in even an uncontested divorce. At the very least, the attorney can review and advise you of the legal documentation already drafted in your divorce. The cost effectiveness and efficiency of the uncontested divorce are still maintained but you walk away with the assurance that your legal interests are protected.
B) We Just Agreed that He/she Won’t Have to Pay Child Support
Illinois law provides that child support for is a vested right of your children, not the parents. Therefore, despite what the parents may believe, they cannot use child support as a bargaining chip to negotiate the terms of their divorce. Illinois mandates certain amounts of child support percentages depending upon how many children are born to the marriage. This amount may be altered if the JUDGE, not the parents, find a justifiable reason to DEVIATE from the standard guidelines. If the parties choose to ignore this fact, and further choose to unjustifiably lessen a child support obligation of a given parent, the court may void the enforceability of the divorce documentation
C) “he/she Told Me I Could Have the “car/savings/tv/ect.” but It’s Not in The Court Agreement.”
I’m often surprised by the number of people who come to me after the divorce papers have been executed in an attempt to enforce a promise or agreement they had with their former spouse which was not memorialized in the written Marital Settlement Agreement. Property may be left out of the documents if the parties feel as though the property, whether it be antique furniture or television set, is too miniscule to include in written divorce paperwork. In other instances an issue will arise between the parties during the physical division of the marital property but after the judge has signed off on the court order. In most cases, if the stipulation is not included in the written divorce documentation then “it didn’t happen”. The reason the attorneys and the courts spend time drafting these agreements and fighting over the language included in them is because of the lasting and binding affect they have on the parties. Courts are often unwilling to determine the understanding of an oral (or parole) agreement beyond the scope of the written documentation. Although the attorneys at Hall and Rustom have facilitated many uncontested divorces at the requests of our clients, we ensure that your spouse is fully aware that our firm does not represent his/her legal interests in this matter
D) how Long Does the Process Take?
An uncontested divorce can be completed within a week from start to finish so long as the parties in full agreement and cooperate in the execution of the documents. On the other hand if the parties cannot agree on the terms and if there are multiple modifications to the divorce documents then it is possible that the process could last months.
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Our Peoria Family lawyers help you through trying times on the following issues, but if you need more help, contact us now & we'll help you find the right attorney for you.
- Parental Rights
- Restraining Order