Galena, IL asked in Divorce for Illinois

Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?

Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.

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2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: My opinion is that you need an attorney for a divorce. It is one thing to say it is uncontested, it is another thing to be sure the two of you have considered every issue involved in the case and that you are not being taken advantage of. Hiring a lawyer should solve these problems. Bear these statements in mind:

(1) Uncontested simply means you agree; it does not mean what you agreed to is fair.

(2) Uncontested means you agree on the issues you've thought of; it does not mean you've thought of everything a knowledgeable attorney would think of.

(3) A divorce may be the biggest financial transaction of your life -- and there are no do-overs. If you make a mistake it is likely to be impossible to correct later.

In short, hire an attorney to represent you in the divorce. It will likely be the best investment of time and money you ever make.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: You really should at least consult with a divorce lawyer. The fact that the two of you agreed upon the terms of your divorce is not enough. You only get one shot at doing this right. There are no dress rehearsals. In addition, his retirement account(s) are nothing to treat lightly. You will likely need the protection of a Qualified Domestic Relation Order, and a lawyer is definitely needed for this.

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