Highland Park, IL asked in Divorce for Illinois

Q: Uncontested divorce Illinois. Attorney refused to represent me

My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont approve it. He also said that he doesn't want me to come after him in a few years if I have a change of heart. I know that I am eligible for more, but this is what I am comfortable with and this is what I want to stay with. Whatever the reasons are, they are my business. Was this attorney correct in that a judge will not approve it? I am getting plenty of money both upfront and over the next few years and I intend on working as well.

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3 Lawyer Answers
Daniel J. Kollias
Daniel J. Kollias
PREMIUM
Answered
  • Winfield, IL
  • Licensed in Illinois

A: A judge must determine that the settlement agreement is fair and equitable prior to approving it. If the agreement is unfair or inequitable, the judge can reject it.

Cheryl Powell agrees with this answer

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

A: Without knowing what the terms of the Agreement are, it is impossible to give an opinion as to whether a judge would or would not approve the settlement. The lawyer had the right to do what he or she did. Aside from attempting to protect you, the lawyer probably did not want to look foolish in front of the judge by trying to get the court to approve a provision that the lawyer knew the court would not approve.

Cheryl Powell agrees with this answer

1 user found this answer helpful

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

A: Don't lose sight of the fact that this is your one and only, never to be repeated, sole chance, to receive what you are entitled to. There is no do over. There is no opportunity to reconsider a year or two from now if you realize you were taken advantage of, what you received is simply not enough, or the division wasn't fair. Don't let your emotions overrule the judgment of a lawyer whose job it is to look out for your best interests. Find a good lawyer (it sounds like you've already met with one) and listen to the advice you're given.

Cheryl Powell agrees with this answer

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