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| Home > Divorce Q&A's: (sect-Other Issues in Divorce Proceedings) > Uncontested Divorces | |||||
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Uncontested DivorcesThe Gitlin
Law Firm, P.C., Woodstock, Illinois © 2008
Does The Gitlin Law Firm handle simple, non-contested divorces?A:Yes. The Gitlin Law Firm handles simple, non-contested divorces, but to do so, everything must be pre-agreed. Accordingly, I usually refer to a simple uncontested divorce as a pre-agreed divorce.
What do you mean by a pre-agreed divorce?A:This means that all issues must be agreed upon by you and your spouse. If there is not an agreement as to all issues, then yours is not a pre-agreed divorce and charges would be based upon the time spent on your behalf.
How do I know if I will have a pre-agreed divorce, that is, how do I know if all issues are agreed upon?A:A marital settlement agreement would be drafted after an interview with you where we would discuss the agreement between you and your spouse as to all potential issues. Under a pre-agreed divorce your spouse would sign the first version of this marital settlement agreement.
What are the minimum steps a lawyer will have to take if there is a pre-agreed divorce?A:The minimum steps to be taken on your behalf are as follows:
I understood the steps referred to above, except the reference to drafting a qualified domestic relations order if there is a defined contribution plan. What does this mean?A:Divorces are significantly more complicated if one of the assets is a defined benefit plan. Click here to see my Q&A regarding dividing retirement benefits in Illinois divorce cases ***. A defined benefit plan as an annuity. An annuity is a monthly stream of payments. It is usually paid for life at the plan participant's normal retirement age. The drafting of a qualified domestic relations order in cases where there is a defined benefit plan is significantly more complex. Accordingly yours is not a pre-agreed divorce if one of the assets to be divided is a defined benefit plan. The other type of retirement benefit is a defined contribution plan. I generally refer to these plans as “what you see if what you get” type plans. By this, I mean that for most of these plans there are account statements available showing an account balance. Accordingly, it is substantially more straightforward to draft a qualified domestic relations order in cases involving defined contribution plans. Therefore, yours could be a non-contested divorce even if one of the assets to be divided is a qualified domestic relations order for a defined contribution plan. As is described in my Q&A regarding retirement benefits, types of defined contribution plans are 401(k) plans, profit sharing plans, money purchase pensions plans, etc. You may also note, however, that for there to be a non-contested divorce, there must be complete cooperation from each spouse in providing documentation necessary to draft the qualified domestic relations order.
What is your charge for a pre-agreed divorce?A:The charges for The Gitlin Law Firm vary. This depends upon whether or not there are children, whether or not a joint parenting agreement will be drafted, whether quit claim deeds will be drafted for property in McHenry County, and whether there will be any defined contribution plan qualified domestic relations orders drafted and submitted for approval. The Gitlin Law Firm will provide you with these rates once you schedule a conference for a pre-agreed divorce. If real estate is located in counties outside of McHenry County, you will need to have a local lawyer draft the appropriate deed.
Does The Gitlin Law Firm charge a consultation fee for a pre-agreed divorce?A:Yes. The Gitlin Law Firm does charge a consultation fee for pre-agreed divorces. On the other hand, the regular consultation with The Gitlin Law Firm is $300. The fee for a pre-agreed divorce consultation is reduced to $200. Additionally, if you engage The Gitlin Law Firm this consultation fee will be credited toward the total cost of a non-contested divorce.
Can one lawyer represent both parties to a divorce?A:No. Doing so would be contrary to the Illinois Code of Professional Conduct. Generally, I believe that both parties should be represented by counsel in a divorce. In those cases where the other party chooses not to be represented, I insist that a document be signed stating that the other spouse has been urged to seek counsel but has declined to do so.
The Gitlin Law Firm provides the above information as a service to potential and current clients. A person's accessing the information contained in this web site, is not considered as retaining The Gitlin Law Firm for any case nor is it considered as providing legal advice. The Gitlin Law Firm cannot guarantee the outcome of any case. The Gitlin Law Firm's practice is generally limited to McHenry County, Lake County, Kane County and Boone County, Illinois. The Gitlin Law
Firm, P.C. www.gitlinlawfirm.com
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