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  1. #1
    Join Date
    Aug 2008
    Location
    Illinois
    Posts
    3

    Default Using Only One Lawyer for a Divorce

    My question involves divorce in the State of: Illinois

    My cousin's wife is planning to divorce him. She is leaving him, although he has treated her like a queen for 20 years. She has hired an attorney and she is suggesting her and her husband work out all the details of their settlement amicably and use only the one attorney to save money. She also says they would have to drag it out a long time to get a no-fault divorce / irreconsirable differences. She wants my cousin to accept her filing against him for mental cruelty, but he has done nothing wrong. She has a plutonic friend in another state and wants to move there.

    I think my cousin must get his own attorney and that he should not accept her filing against him under those grounds. There are children involved and she has agreed to let him retain custody as long as she doesn't have to pay support.

    What would you advise? He just wants it over quickly and doesn't want a lot of mud-slinging. I'm afraid he is going to get taken advantage of more than he already has.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Grounds and Representation

    The worst mistake your cousin can make is to decide to listen to his ex wife's attorney.

    That attorney works for the ex... no one else. That attorney's job is to get everything from your cousin and leave the ex with everything.

    He needs an attorney yesterday. ESPECIALLY with kids involved....

    What? She is going to give him the kids as long as she doesn't have to pay anything? How nice of her....

    Have him get an attorney before he makes a HUGE mistake. Plan on there being a bit of yelling from his wife... she won't like it that she won't get everything she would if your cousin came to the gun fight with a penknife.

  3. #3
    Join Date
    Aug 2008
    Location
    Illinois
    Posts
    3

    Default Re: Grounds and Representation

    Thank you for your reply. That was just what I was thinking, but perhaps if he reads the words coming from someone else he will realize I'm not just being protective.

    I would take any other advice or comments I can get to pass on to him as well.

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Using Only One Lawyer for a Divorce

    Jeff is correct. An attorney cannot represent both the husband and the wife in a divorce. An attorney represents one side, and if the other side is not representedk, they represent themself, pro se.
    Your cousin needs to listen to you, or he will be very unhappy later.

    ~Christina

  5. #5
    Join Date
    Jun 2008
    Location
    It depends...
    Posts
    123

    Default Re: Using Only One Lawyer for a Divorce

    I totally agree with cyjeff and mmmagique. He needs his own attorney.

    In addition, I believe in Illinois there is no waiting period if there are grounds for divorce filed. If they go no-fault, then there is a 6 month waiting period if they both agree.

    Six months is not really that long. It will probably take that long to hammer out the details. However, if she wants the divorce right away, then SHE should agree to letting him file on the grounds of mental cruelty!

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