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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?

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 .

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Attorney answers 6

Posted

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.

Posted

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.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

and how would she tell the judge? make an appointment? just show up? she could only do a motion to vacate if she knows when and where the prove up was.

Carolyn Darlene Jansons

Carolyn Darlene Jansons

Posted

I would presume that she knows what county she resides in and he resides in.. She will have to check with the clerks office for a case filing or Judgment in order to know where to file her motion. If she is unable to locate a case, she may need additional help to do that. Connected by Motorola

Gary L. Schlesinger

Gary L. Schlesinger

Posted

that would have been helpful info to have given her. so, asker, call the court clerk in the county in which you live and in which your husband lives. see if a case has been filed. if so, get the case number. if not, call back every day. once you get the case number, go file your appearance. the clerk can help you with the form. there is a cost. ask on the phone what it is. bring cash for it. keep a copy of the appearance for yourself. mail one to your husband's attorney. that insures that you get notices of any court dates. go hire a lawyer to help you with the rest of the case.

Posted

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

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Posted

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.

Posted

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,

Posted

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 you need our firm needs you to come in for a consultation.