Do I Need a Divorce Lawyer If We Agree on Everything?

You should have a lawyer — even if you agree on everything. You want to make sure that your divorce is done properly and completely so you don’t have any surprises or unexpected issues come up at a later date if something was forgotten or left undone. Often, I am asked, can we use the same lawyer — and the answer to that question is, No. Even though you agree on everything, it is still an adversarial situation and one lawyer cannot advise both of you about the terms and consequences of the agreement. Each party should have their own attorney to provide independent advice about the terms of your agreement.

It is great if you and your spouse are able to agree on the terms of your divorce, but when you review your agreement with your lawyer, your lawyer will make sure that you have not forgotten anything that should be addressed in your agreement.

When spouses reach a divorce agreement without the guidance of divorce attorneys, these are the things I have seen overlooked.

Think You Agree on Everything in Your Divorce? Don’t Overlook These Issues

Agreements Regarding the Marital Home:

  • Who will pay the mortgage, taxes, and insurance while the house is on the market?
  • Who will live in the house while it is on the market?
  • What if the marital home does not sell and the price needs to be adjusted?
  • What if there is a major repair necessary while the house is on the market?

Addressing Life Insurance:

  • How much is the death benefit?
  • Can the owner of the insurance policy borrow against the death benefit?
  • Are you the only beneficiary or one of the beneficiaries of the insurance policy?
  • Does the death benefit change over time due to the change in the obligation over time?
  • Who is the owner of the insurance policy?
  • How can you be assured that the premiums are paid?

Agree to Share Retirement Accounts:

  • What type of retirement account is it?
  • Is it a defined benefit plan (amount received is based on years of service and income earned)?
  • Is it a defined contribution plan (amount received is based on the amount you put in)?
  • Who is going to draft the legal documents necessary to divide the retirement accounts?

Agreements Regarding Division of Debts:

  • What if you have a debt that is joint — who is going to pay for that?
  • What if your spouse files for Bankruptcy after the Divorce and the Creditor comes after you.
  • What if there are debts that you don’t know about and are not disclosed.
  • What if they agree to pay your debt but then fail to pay it.

The Marital Settlement Agreement

Agreeing on Everything in Your Divorce Has Its Benefit

When you need an experienced divorce lawyer in Chicago, you can count on Anderson and Boback Family Law Attorneys. For more than 20 years, our divorce attorneys have been representing Chicago clients with a wide range of family law and divorce issues, including helping clients that come agree on everything and just need guidance to finalize their divorce. Contact us today for a confidential consultation.


When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!