Skip to main content

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

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.

+ Read More

Attorney answers 5

Posted

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.

Posted

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.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Judy A. Goldstein

Judy A. Goldstein

Posted

I do not believe a lawyer now is necessary if the parties have worked things out. Why cause alarm? There will be plenty of time once the MSA is drafted to review, revise and correct it.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I do because often if they do not know what the law is and their rights under it they negotiate themselves in to a corner they have trouble backing out of later. I have two cases like that right now and they have since turned ugly between the parties. How does he know what he should be settling for?

Asker

Posted

Thank you !

Posted

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!

If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

Asker

Posted

Thank you!

Posted

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.

Asker

Posted

Children are all grown up. Only assets to be divided/partition. Thank you

Posted

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.

Asker

Posted

Children are all grown up. Only assets to be divided/partition. Thank you

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer