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David Siegel: Not ethically.

Jesse Barrientes: Not ethically, that's correct.

David Siegel: We've seen it happen.

Jesse Barrientes: We've seen it happen, but that's why it's important that the attorney you go to, they explain to both parties that, "I'm going to represent the husband." or "I'm going to represent the wife. I can't give you advice. I'm not your attorney." In fact, advise them – even though you're trying to settle it – advise them to get a Chicago divorce attorney of their own. You don't want to mislead anybody because then they think, "Hey, I can talk to you. I can trust you." and think, "You're my attorney as well." It's sort of like representing both sides of a personal injury accident.

David Siegel: It's also best when both parties have their own attorney, as opposed to representing themselves, because the person representing his or herself doesn't know what the court guidelines are, doesn't know what's realistic, doesn't know what to expect, and that can just delay the case when someone's holding out for something that is not likely going to be granted by the court. I love when I see two attorneys involved who are reasonable. If there's another attorney involved who's not reasonable, that's a problem too. That's a whole other story.

Jesse Barrientes: Dave, are you saying there's unreasonable attorneys?

David Siegel: Yes, I am saying that.

Jesse Barrientes: Okay. All right.

David Siegel: There was a case recently – I'll leave out the name – where a judgment was entered for paternity with an agreement, and there was not a child support, a uniform order of support accompanying the judgment. It was incorporated, but it was separate. So, in going back in to try to have the child support order entered in separately, opposing counsel actually objected as it being unnecessary. Of course the judge disagreed, and said, "I want it entered. I have discretion." Just the thought that someone would prepare a response, stand up and argue against a court order being entered that basically corroborated what was in the stipulation. So yes, I've seen a lot of terrible things, whether it's fee generation, whether it's just to be difficult, but we see all kinds.

Jesse Barrientes: For some of the folks at home, you really need to kind of tell them they have a wide range, wide variety of things available to them, for example, and I think that's kind of what you were getting at a little bit. They can go online and do a simplified divorce. A lot of the counties have simplified divorce packages.

David Siegel: I don't recommend anybody do it themselves.

Jesse Barrientes: Right.

David Siegel: Without an attorney, because it's a maze.

Jesse Barrientes: Right.

David Siegel: And it's a tough maze to get through.

Jesse Barrientes: It needs – and we're going to talk about that in a little bit – very specific language for things so you don't have to come back later, but even if one person has an attorney, if somebody wants to save a little bit of money, they can certainly take that agreement that's been drafted to another Chicago divorce attorney, and there are a lot of attorneys out there who will just look at that. They're not going to represent you in court, but they're going to look at the agreement with you and go over and give you some advice on whether or not it's fair, whether or not that's the kind of things that generally happen, and what changes or modifications need to be made.

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Entitlement to maintenance

Division of property

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