Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

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

Customer Question
Hi, Steven, I have been...
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
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
6/8/2015
Family Lawyer: S. Kincaid, Family Law Attorney replied 2 years ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified
Thank you for allowing me to assist you.
What exactly do you want to know?
Ask Your Own Family Law Question
Customer reply 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.

Family Lawyer: S. Kincaid, Family Law Attorney replied 2 years ago
Please remind me in which state this is.
Ask Your Own Family Law Question
Customer reply replied 2 years ago

This is in Illinois.

Family Lawyer: S. Kincaid, Family Law Attorney 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.
Ask Your Own Family Law Question
Customer reply 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?

Family Lawyer: S. Kincaid, Family Law Attorney 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.
Ask Your Own Family Law Question
Customer reply 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?

Family Lawyer: S. Kincaid, Family Law Attorney 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.
Ask Your Own Family Law Question
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
2,512 Satisfied Customers
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

S. Kincaid is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I marriage a divorce man few years ago. I am now ready to
I marriage a divorce man few years ago . I am now ready to marriage again, but when I applied for my marriage license they told me that my first husband divorce was n't finalize ,that I had marriage a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Look at marital settlement agreement below, and let me know
please look at marital settlement agreement below, and let me know if my friend Irina is not getting scammed in any way. Such as annulment instead of divorce and so on.also I have 2 additional pdf fil… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The divorce is happening in FL. During the marriage I was
The divorce is happening in FL. During the marriage I was awarded a settlement regarding a lawyer not filing dental damage, pain and suffering of 79,000. My spouse asked for a divorce 6 years later. T… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
My husband has sent me Marital settlement agreement papers
Hello my husband has sent me Marital settlement agreement papers and I have sign them. I would like to know what we have to do from here? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
My husband's attorney filed a Marital Settlement Agreement
My husband's attorney filed a Marital Settlement Agreement on May 31, 2017. I have 20 days to respond. I am not represented by an attorney as we have decided to be amicable. Do I need to file my respo… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
The marital settlement agreement states: It is understood
The marital settlement agreement states: It is understood that the child support specified under this SECTION 6 is modifiable by a court of competent jurisdiction, if warranted by changed circumstance… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I am trying to put together a Marital Settlement Agreement.
I am trying to put together a Marital Settlement Agreement. My wife and I have the same income and expenses and are agreeing to 50/50 joint custody and both want to care financially 50% for our daught… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
This question is regards to a Marital Settlement Agreement
Hi, this question is regards ***** ***** Marital Settlement Agreement in state of FL. I inquired about this issue a few days ago, but I wanted to re-ask about a few questions I have:1. So my friend an… read more
socrateaser
socrateaser
1,031 satisfied customers
I wanted to do a Marital Settlement Agreement so that in the
Hi, I wanted to do a Marital Settlement Agreement so that in the event of a divorce, my wife and I would have all of property be separate.I had a couple quick questions: 1. In the paperwork for the Ma… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
My ex wife and I, have a marital settlement agreement, where
My ex wife and I, have a marital settlement agreement, where we will cooperate to sell the house ( we do not live in or make payments). Its up for short sale and the bank has agreed, my ex-wife refuse… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
In the marital settlement agreement it say that I am
In the marital settlement agreement it say that I am responsible for all hously bills until divorce is final,which I've been paying. Along with that it says I will immediately pay child support on the… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
My wife and I signed a property and marital settlement that
My wife and I signed a property and marital settlement that states the terms of divison of property. It also was where I gave the house over to my wife in return for this settlement. My wife and I hav… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x