Obtaining a divorce can be a complicated endeavor, as it also requires the resolution of a number of related legal matters. For instance, Illinois family law judges will only grant a divorce to a couple who has decided how to divide their marital assets, determined whether one party will pay alimony to the other, and if a couple has children, decided how parenting time will be divided. While many couples are able to reach an agreement on these issues by negotiating in an out-of-court setting, doing so is not always possible, in which case, a court will be required to step in and make the decisions before finalizing the divorce. In either case, divorcing couples should strongly consider retaining an experienced divorce attorney in Naperville who can negotiate with the other spouse’s legal team or litigate the divorce in court.
A divorce can either be contested, meaning that the parties do not agree on one or more divorce-related legal matters, including:
Uncontested divorces, on the other hand, occur when both spouses agree on all of the aforementioned issues. Although a judge will still need to review the terms of an uncontested divorce to ensure that they are reasonable, these proceedings tend to go much more quickly than their contested counterparts. It is important to note that regardless of whether a divorce is contested or uncontested, a couple will only be permitted to legally end their marriage in Illinois if one of the parties has lived in the state for at least 90 days.
Illinois is a no-fault divorce state, which means that divorcing spouses are not required to provide proof that the other party was at fault for the union’s failure in order to end their marriage. Instead, divorcing spouses need only prove that:
In situations where two spouses have been living in different residences for at least six months, judges are generally willing to presume that this burden of proof has been met and that irreconcilable differences do exist. Fortunately, this does not necessarily mean that two spouses must be living in different homes in order to qualify for a divorce based on irreconcilable differences. This is because a number of courts have confirmed that rather than referring only to physical locations, the term separate and apart also covers instances where a couple has decided to live separate lives, which could include everything from opening separate bank accounts to going by a maiden name.
To speak with an experienced divorce attorney Naperville, please contact Law Office of Demetrios N Dalmares and Associates Ltd. today by completing one of our online contact forms or by sending us a message at firstname.lastname@example.org.
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
With Demetrios, you don't have to worry about anything. He knows what he's doing. I have two lawyers before him. It was a long case and messed up for 2 years. Since Demetrios took my case, he finished it in a couple of months. He is very organized and smart, and he will take you through that very smooth process. Thank you so much Demetrios, I owe you a lot.
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Mr. Dalmares was great to work with. He walked me through the process and kept me updated on any updates that had occurred. Highly recommended!
Thank you, Demetrios, for your tenacity, attentiveness and patience in working with me in finalizing my divorce. God Bless
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I recommend Demetrios Dalmares with the highest praise as a divorce attorney. My divorce was settled quickly and without any unnecessary drama. I was updated regularly regarding the progress of my case. He was extremely knowledgeable, diligent and persistent. Demetrios Dalmares was clearly working in my best interest and the best interest of my three children. He is definitely the attorney you want on your side when going through a divorce. I cannot thank or recommend him enough!
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.