Few legal issues are as complex or as emotional as divorce. Even if a marriage has been short, many complicated disputes can arise involving children and marital property. Spouses can also feel intense emotions, such as anger, depression, or disillusionment, which can cloud their judgment. At Demetrios N. Dalmares & Associates, Ltd., our Crestwood divorce attorneys have guided countless men and women through the Illinois divorce process. Let us advocate on your behalf to protect your rights.
Divorce in Illinois starts with filing a petition in an appropriate court and serving a copy on your spouse. In this petition, a husband or wife provides important information, such as the names and ages of shared children, and makes requests for support.
Historically, a spouse could only file for divorce by claiming fault, but Illinois is now a no-fault state. In practice, our clients only need to claim that irreconcilable differences between the spouses have caused the marriage to irretrievably break down and that attempts at reconciliation are futile.
Divorce with minor children can be especially complicated. Once parents set up separate households, they must divide the children’s time and allocate decision-making power over significant issues such as medical care, education, and religious upbringing. This used to be called “child custody,” but Illinois now uses the label “allocation of parental responsibilities.”
Parents have the power to allocate these responsibilities themselves in a written agreement. When they cannot agree, however, 750 ILCS 5/602.5 outlines the factors a judge should consider when deciding what is in the child’s best interests.
Parents are also responsible for financially supporting their children even if the children do not live with them. Helpfully, Illinois has created guidelines for determining child support, and judges follow these guidelines in most cases.
Illinois views marriage as an economic union, and couples must divide their marital property and debts before they can divorce. However, a question often arises as to what assets are marital. Generally speaking, any asset obtained while married is marital, even if only one spouse’s name is on the title or deed. All other assets are separate property that is not subject to division during the divorce.
Under Illinois law, marital property must be divided “equitably,” which basically means fairly. A strict 50/50 division is not required, though that often is the end result. Couples retain the power to decide property division themselves, but many disputes can break out, especially when couples have significant assets or a family business. An experienced Crestwood divorce attorney can review your assets and help you navigate the division process.
A divorce can devastate one spouse financially, especially when he or she has fewer assets or lower earning potential. In some cases, a court will award spousal maintenance (also known as alimony), which usually consists of monthly payments from the higher-earning spouse to the lower-earning one.
Not every spouse is entitled to spousal support. A judge will review many factors, such as the duration of the marriage and each spouse’s age and financial situation. Where alimony is appropriate, a judge will need to determine a fair amount based on guidelines found in 750 ILCS 5/504.
If you are considering divorce—or if you have received a copy of your spouse’s divorce petition—you would benefit from experienced legal guidance. Please contact the Crestwood divorce attorneys at the Law Office of Demetrios N. Dalmares and Associates Ltd. today.
This place is 1000% recommendable! So far the process has been super smooth and easy to deal with. They placed all my worries out the window and I've slept better knowing they are on my team. Currently in tears knowing I'll be able to resolve this but sad that it's never going to be the family I thought I could have had. It's ok though, it's time to move forward. Thanks DnD.
Demetrios saw my case to the end. Great outcome! Justice prevailed!
I would absolutely recommend Demetrios to anyone! He is all for his clients and most importantly honest. He helped me deal with a very difficult situation and got me what I deserved. I already have referred a few people to him and each one so far is very satisfied and happy with their results.
Demetrios is honestly the best attorney to help through any divorce situation or custody battle. He will go above and beyond to make sure to guide you through it all. I have referred many people to him, and every person has been more than impressed. I even referred someone that needed immediate attention after hours, and he contacted her right away! I can promise you one thing he knows his stuff, and you won’t be disappointed!
Demetri is extremely knowledgeable and confident In what he does. He is everything I searched for in a lawyer, I thank him for his determination and courage. I don’t see many lawyers leveling up with him in court, wouldn’t have wanted anyone else by my side during such a tough time.
Demetrios is at the top of his profession. The combination of his knowledge and experience along with his experienced and dedicated staff guided me through my legal needs in a timely and compassionate manner. Certainly a monumental task during a pandemic. Thank you, Demetrios.
Super professional legal services law office. Highly strong communication skills and clients representation. Point-oriented legal path and service. More specifically, I had a very good experience upon hiring and dealing with Attorney Demetrios Dalmares as he understood all I wanted and walked me through all details required to achieve the desired goals with minimal losses. Good job Demetrios! Highly recommended. Good luck and will definitely refer if asked. Thank you
Demetrios, I cannot thank you enough for you diligence, patience, knowledge, concern and determination to represent my best interest. From the bottom of my heart, you are amazing and thank you for all you have done for me. Robin
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Husband: Couple shared ownership in a business, resulting in complex property division issues. After investigation of the couple’s financial history, our client received a much more equitable divorce agreement than what was originally offered.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Mother: Father became aggressive and violent toward Mother during their separation, prompting her to seek full custody of their children. At trial, the court granted Father supervised parenting time only and Mother was awarded child support.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Husband: Couple had been locked in a contentious divorce for nearly three years and changed lawyers several times. Law Office of Demetrios N Dalmares and Associates Ltd. provided the experience and organization needed to resolve the case within months, avoiding a trial for our client.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife: Wife left a successful career to raise children. When Husband denied spousal support based on Wife’s previous earnings, Law Office of Demetrios N Dalmares and Associates Ltd. countered with evidence that retraining was needed, and our client was awarded spousal support.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife: Husband tried to intimidate Wife into a divorce settlement that heavily favored his interests by drawing out the case. Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife through trial, where she received an equitable share of marital assets.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Father: Mother began cohabitating with a new partner who made significantly more than our client. Law Office of Demetrios N Dalmares and Associates Ltd. successfully demonstrated that the new relationship justified a modification and obtained a favorable outcome through negotiation.