My husband gave me "draft" divorce papers, I signed them. Now he tells me that he filed. is it to late to get an attorney?

Asked over 1 year ago - Chicago, IL

I signed these papers because he said they were drafts now I feel like I'd like to add something and get an attorney . Can I even though he claims to have filed ? he also told me I didn't have to go to court because I signed . In confused .

Attorney answers (6)

  1. Peggy Margaret Raddatz


    Contributor Level 20


    Lawyers agree

    Answered . It should be should be fine. Go get a lawyer though today! Do not delay.

  2. Gary L. Schlesinger

    Contributor Level 20


    Lawyers agree

    Answered . no, it is not too late. do so at once. write his lawyer that you no longer agree with the papers. do both of these immediately.

  3. Carolyn Darlene Jansons


    Contributor Level 4


    Lawyers agree

    Answered . Even if he has filed the documents with the court, if it has been less than 30 days, you should be able to file a Motion to Vacate any judgment that has been entered based upon the papers you signed. You can tell the Judge you were unrepresented and wish to obtain counsel. I would also let the Judge know that you did not know or intend for the papers you signed to be final. This is all based upon the assumption that the papers you signed were a settlement agreement or parenting agreement.

    Even if it has been more than 30 days, you can likely still have the Judgment vacated if you were told the papers were a draft and were mislead by that information into believing that you would still have additional time for review, comment and modification.

  4. Wes Cowell

    Contributor Level 19


    Lawyers agree

    Answered . You should DEFINITELY have an attorney review the papers your signed and suggest changes. You have the right to object to the agreement . . . but that right doesn't last forever. Act now.

  5. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . Hire an attorney right away. Have your attorney contact your husband's attorney to rescind any agreement previously executed. You would not need to go to court on the day your divorce is finalized if everything is resolved but you really need to have your lawyer look over all paperwork beforehand,

  6. Joseph Henry Sparacino

    Contributor Level 13


    Lawyers agree

    Answered . What specifically did you sign? Was it just an Entry of Appearance? An Entry of Appearance is just a consent to the jurisdiction of the Court. Was it a Judgment of Dissolution of Marriage or Marital Settlement Agreement? Those pleadings have consequences for you. He still needs to send you a Notice of Hearing for the Court date where he intends to get a Judgment of Dissolution. Check the Clerk of the Court's website to get your case number and see what dates are set. If the date is set far enough out. You can consult with an attorney more easily than if if it is 48 hours or less prior to the Court date. If it is 48 hours or less; you must show up and tell the Judge you want an attorney. As I am often in Court call my assistant Dan London at 3312-807-3990 to set up a private telephone consultation. At the consultation we can discuss the confidential details we need to craft a strategic plan. These details should not be broadcast over the Internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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