My spouse filed a divorce with an attorney in Cook county, Illinois. I sent my appearance/answer already.

Asked over 1 year ago - Buffalo Grove, IL

Recently, my spouse and I agreed to amicably settle out of court and avoid litigation. No child custody. We agreed to work on asset division.
Is there a time limit to come up with a signed agreement to present to court to finalised our divorce? We agreed not to go to the discovery and other litigation process. I dont have a lawyer yet but soon will get one.

Attorney answers (5)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . There is no time limit, provided you do not string this out for an unreasonable period of time. Keep in mind that your spouse's attorney does not represent you. Therefore, it would be in your best interests to consult with a family law practitioner once the marital settlement is drafted by your spouse's attorney - just to make sure your intentions are properly memorialized, that all issues are resolved, and that there are no unintended negative consequences for you. Congratulations on settling your case amicably. That is good for low stress level as well as far more economical. Hopefully you can remain friends.

  2. Charles Shinkle Watson

    Contributor Level 15

    4

    Lawyers agree

    1

    Answered . I echo Judy's advice. You need to have an attorney on your side just to review the documentation, and make sure that it accurately reflects the agreement, and has no other unintended consequences. Experienced family/divorce attorney has seen hundreds of situations, whereas you have seen one.

    Good luck!

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  3. Kathryn Lee Mickelson

    Contributor Level 6

    4

    Lawyers agree

    1

    Answered . To add a few more thoughts, it is not clear whether your spouse has an attorney either. Assuming he/she does, I echo the other attorneys' comments that you need independent review of the agreement to ensure all i's are dotted & t's crossed & you are not at a disadvantage. Sounds like this is your plan. I have plenty of clients who come to me with agreements reached in theory & need it drafted into an acceptable form for the courts. While there is no time limit, a court will not let a case sit forever & will ask at each status/court appearance how far you are from "proving up" the case as they will want it off of their call. On the flip side, the agreement cannot be unconscionable or laden with elements that are totally one-sided (even if you agree) or against public policy. As to the time limit, a side note - per Supreme Court rules, custody must be resolved within 18 months so at least that portion must be finalized (I can't tell from your question whether you have kids). So generally, while the time to act is now while the iron is hot & your spouse is acting amicably, make sure your interests are adequately addressed in any agreement you reach.

  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Thhere is no specific time period. You really need the attorney now to educate you about the law nd your rights before you negotiate yourself in to a bad settlement. Just because a lawyer is involved does not mean it cannot be amicable. Most of the settlements reached by lawyers are out of court negotiations without the need for litigation. Very few cases are actually litigated. Get the lawyer ASAP. You are at a disadvantage right now because she has a lawyer and you do not. Wake up before it is too late.

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  5. Wes Cowell

    Pro

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . You need a lawyer.

    When you say "no child custody," do you mean you have no children, or do you mean you have children but you just don't want to deal with the issue of custody.

    In any event, work with an attorney to review the terms of any proposed agreement. It'll probably save you a bundle in the not-too-distant future.

    Questions? Call - 312-987-9999 -- for a no-charge, no-obligation, free Matrimonial / Fmaily Law legal consultation.

Related Topics

Divorce

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

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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