Legal Question in Family Law in Illinois
Attorney Responsibilities in a Non-Contested Divorce
Can you please tell me what a lawyer does in a non-contested divorce? For instance, does the attorney in essence represent both parties? Does the attorney aid in making the financial agreement between the two parties? What paperwork is he/she to draw up for the parties to sign, etc? Thanks for the help!
1 Answer from Attorneys
Re: Attorney Responsibilities in a Non-Contested Divorce
In an uncontested divorce, an attorney may only represent one party. The attorney should make it absolutely clear to the other party that the attorney is not their advocate.
That being said, if the husband and wife are truly in agreement about the terms of the divorce, then the divorce attorney can prepare a marital settlement agreement that will incorporate the husband and wife's wishes.
However, in many divorces, the husband and wife agree at first but begin to disagree when specific issues are addressed. Again, the lawyer must be very clear that he or she can only represent one party in a divorce.
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