How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2442
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
Type Your Family Law Question Here...
S. Kincaid is online now
A new question is answered every 9 seconds

Steven, I have been seeking to refine details on the yellow

Customer Question

Hi, Steven, I have been seeking to refine details on the yellow skeletal agreement that i signed in court. I guess it's considered final, though the draft has not been completed?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Thank you for allowing me to assist you.
What exactly do you want to know?
Customer: replied 2 years ago.

On the day of the trial, we settled.

It was not pretty. I didn't really get to negotiate, at the end of the day, my attorney came to me and told me I needed to sign this agreement because i wouldn't get a better deal.

Then this agreement that was signed on a yellow piece of paper is to be turned into a marital settlement agreement that would be signed again and submitted to the judge on a particular date.

The deal was :

The $100,000 that my husband moved over to a Bright Start account at the time of filing for divorce would stay in Bright Start.

the account my husband said was nonmarital but was never proven was left to him.

I will receive 37% of his base income up to 240,000, then 32% up to 350,000. His car allowance and bonus were not counted as salary, but fell in the category of earnings, meaning that's where the 32% comes into play. I will receive 55% of the retirement assets and from the sale of our house -- and from some more liquid accounts, which is not as significant.

We have been married for 29 years and I have not worked for 24 years since the birth of our first son (five years into the marriage), with the exception of a few projects early on.

This yellow piece of paper represents what we agreed on, and I want to know if this is modifiable at all.

Expert:  S. Kincaid replied 2 years ago.
Please remind me in which state this is.
Customer: replied 2 years ago.

This is in Illinois.

Expert:  S. Kincaid replied 2 years ago.
The provisions can be revoked if the agreement occurred less than thirty days ago. After thirty days, agreements can sometimes be revoked due to unconscionability, fraud or mistake of facts that led to an unfair result. But if it is less than thirty days, and you wish to revoke, you should make sure you do so before the thirty days have passed.
Customer: replied 2 years ago.

Thank you, ***** ***** learned this, and I'm disappointed, don't know what or if there is anything i can do. My husband's attorney was supposed to finish a draft the next day. She took at least three weeks to complete her portion and our court date is supposed to be this Thursday. I haven't seen my attorneys' revision to the draft yet, and with me pushing this issue, he informed me yesterday that he is withdrawing from my case. I felt that the terms were not defined at that session, and wanted to know if we could go before the judge for modifications based on the vagueness of the initial signed paper.

It's probably too late now? Or since our original date to meet with the judge was supposed to be May 21, two weeks afterward, and was postponed to this Thursday, June 11, is there anything I can do? I really don't want my attorney to withdraw, I have suggested this, but no response. I think he's done with me. His position was that I signed the paper and that that's that.

If he does withdraw, and i need to get a new lawyer, how much time do i have to get a new lawyer, and, will we be able to attempt modifications then?

Expert:  S. Kincaid replied 2 years ago.
Without seeing the yellow paper you signed, I can't be sure what it is and if the thirty days began to run. I would recommend assuming that the thirty days did begin to run and that revoke the agreement immediately (assuming it is now within thirty days.) Let your lawyer know. Let the other lawyer know. File something in Court revoking it. Let your lawyer know that if he doesn't revoke it within the thirty day period, you will report him to the State Bar.
Customer: replied 2 years ago.

Thank you very much for your help, Steven.

We may be past the thirty day period...I will see today if my attorney in fact plans to withdraw from my case.

I wish, given my dissatisfaction, that he might have informed me whether there were options.

I will wait to hear from him today to see if he is planning to withdraw, and if so, does that provide for any additional time?

Expert:  S. Kincaid replied 2 years ago.
No. Whether or not he chooses to withdraw is irrelevant to the thirty days. And until he is fully withdrawn, he is still your attorney and still obliged to not commit malpractice.