Should both parties go to the court for an uncontested divorce? I am not the petitioner and we have a signed agreement.

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We live in Illinois. Should both parties go to the court for an uncontested divorce? I am not the petitioner and we have signed a divorce settlement agreement. In the agreement he agreed to pay me half of the equity for our home and half the joint savings, nothing more. We both feel this is fair and the lawyer said I do not need to show up. But I have heard horror stories of judges changing the agreement if both parties do not show up. Does this really happen? Should I go to the court?

Attorney Answers

2
Andrew Miofsky ·
Typically a non-filing spouse who consents to an uncontested divorce, called a dissolution of marriage in Illinois, will sign an entry of appearance form. Such a form is filed in the case and serves to inform the Judge: 1. The person waives the requirement of being served with a Summons and Complaint' 2. The person enters an appearance in the case; 3. The person waives the ability of being present for consideration of the divorce; 4. The person consents to entry of the paperwork that is being presented to the Court; 5. The person certifies he or she is not in active duty of the Armed Services of the US Military. If you have read, reviewed and understand your separation agreement; and if you have signed and received a copy of those documents, you should feel comfortable that you will receive the result specified in your paperwork. You should consider calling a local divorce attorney to review your paperwork and answer any questions you have before the papers are presented to the Court and to make sure you are getting a fair result under the law.
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Kevin Linder ·
You should consult an experienced family law attorney to make sure that the settlement agreement is fair to you and conscionable. If you both have signed it then you probably do not have to attend. I would always recommend that both parties attend because some question can arise that both parties being present could answer -- the court could reschedule the hearing. The legal system does try to be fair to both sides -- judges are required by law to be fair and impartial. Your exs attorney represents your ex NOT you. If you feel any qualms then you should attend. Good luck.
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