Legal Question in Family Law in Illinois
How to start a Divorce
My wife have agreed that our marriage(no kids) needs to end. We have agreed to a mutual divorce and have also come to an agreement on property and its division among us. What are the steps we need to get a divorce legal and to make sure that neither one of us comes back later before the divorce is legal and contests the division of property? I wanted to make sure in case her family changes her mind in some way, since her uncle is a high profile lawyer.
1 Answer from Attorneys
Re: How to start a Divorce
Unfortunately, there are no great ways to protect yourself before the divorce becomes final but here is an idea. In an uncontested divorce the two sides agree to the terms of a marital settlement agreement. Each side can change his/her mind until it is signed. So have an attorney prepare a marital settlement agreement as soon as possible if the two of you agree to the terms. Once signed you can schedule an uncontested prove-up. After a judgment is entered thirty days must elapse before it is final. During this whole process she can get her lawyer involved and contest everything that was agreed upon if she has good grounds like being coerced into signing the agreement without attorney review, etc.