Legal Question in Family Law in Illinois

Signing divorce papers

My husband sent me divorce papers on January 2, 2001 included was a Joint Affidavit waiving my rights of a 2 year waiting period, because our grounds of divorce are irreconcilable differences. Do I have to sign the papers? We have only been seperated for 5 months. My ex said that if I did not sign then the courts could say my not signing means I have waived my rights.


Asked on 2/07/01, 3:06 pm

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: Signing divorce papers

In the first instance, in Illinois, the period that you must be separate and apart before there can be a waiver of the two year period is six months. Your failure to sign such a waiver is nothing that can be held against you. The only thing possible is if you fail to appear in court, your divorce may be granted on a default basis, however, even when that happens, courts typically reserve ruling on financial and child issues until they have both parties in court.

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Answered on 3/20/01, 8:05 pm


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