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Lombard family law attorneysUsually, when a couple decides to divorce, the court prefers that the spouses create their own divorce agreement dealing with subjects like maintenance and child support. More often than not, couples are able to agree on these subjects and a divorce decree can be approved by a judge with minimal court intervention. However, there are cases when the agreement will be denied, and either the couple will need to fix a few things or the court will have to make a ruling in accordance with the current law.

Unconscionability

Illinois law holds that an agreement to divorce must not be unconscionable. Unconscionability is a doctrine dealing with contracts that prohibits terms that are so grossly unfair or skewed in favor of one party that it shocks the conscience. While this applies to all contracts, it is seen fairly often in divorces. The aim of a divorce settlement is to leave both spouses with the tools they need to live independently, and sometimes people create agreements that do not meet that criteria, whether they realize it or not.

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