Legal Question in Family Law in Illinois

My wife is filing for divorce. We have agreed on the terms of the division of property and child custody before seeking an attorney. My wife retained an attorney and asked to have the petition drawn up and asked that I go to the attorney's to receive it. The attorney has told my wife that petition will seek the divorce on the grounds of irreconcilable differences and mental cruelty. My wife told the attorney that there was no mental cruelty and the only applicable reason for divorce is irreconcilable differences. She was told that this is standard procedure and the mental cruelty could be removed later. He explained that this is to ensure that the divorce will not have to wait until the standard two year waiting period for irreconcilable differences period is complete as required by Illinois. Isn't this a violation of the laws governing attorneys? Can an attorney file a petition stating reasons that the client does not agree to in order to circumvent the law? I've been agreeable to all the terms that my wife and I have planned, but I am not agreeable to the reasons the attorney is proceeding with.


Asked on 3/26/10, 1:40 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Because unless and untikl you file an appearance and waive the two year period, she does state a proper petition unles she alleges mental cruelty. Irreconcilable differences requires a two year period. In fact her attorney is being entirely professional. To allege ireeconcilable differnece at this point would be an improper pleading.

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Answered on 3/31/10, 2:13 pm


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