Couples who have officially decided to file for divorce and have submitted a petition to the court must still comply with a number of other court rules. For instance, only those who have lived in the state for at least 90 days can file for divorce in Illinois. Furthermore, petitioners will also need to submit a filing fee to the court. Failing to abide by these rules can delay a divorce by weeks or even months, so if you are considering divorce, you should contact a team of experienced divorce attorneys near Palos Heights who can walk you through the filing process.
Illinois is a pure no-fault divorce state, which means that couples are not required to provide proof of fault in order to obtain a divorce, but need only provide evidence that irreconcilable differences have caused the irretrievable breakdown of the union. A judge will also need to determine that efforts at reconciliation have already failed or would not be in a particular family’s best interests. Generally, a couple can prove irreconcilable differences by showing the court that they have lived separate and apart for at least six months. This creates an irrebuttable presumption that the grounds for divorce have been established. Fortunately, this does not mean that a couple must be able to prove that they have lived under separate roofs for six months, but only that the parties have begun living separate lives during that time period.
Divorcing couples must contend with a number of issues before their marriage can legally be dissolved. For instance, a court will only finalize a divorce if a couple’s marital property has been equitably distributed. In Illinois, marital assets include all property, as well as debts, that are acquired by either spouse after the marriage takes place with the exception of:
When determining what would constitute a fair division of marital assets, courts look to a number of different factors, including both parties’ economic circumstances, the length of the marriage, and the parties’ contributions to the marital estate.
Besides deciding how a couple’s property will be divided upon divorce, Illinois residents who want to end their marriages must also decide whether one spouse will be obligated to pay spousal maintenance, and if so, what form those payments will take, and how long they will be required. These determinations are usually based on the parties’ incomes, as well as statutory guidelines, and the length of the marriage.
In Illinois, couples who share children are also required to submit a parenting plan proposal to the court that contains a parenting time schedule and division of parental responsibilities. Couples who cannot come to an agreement on these issues will be forced to abide by the court’s ruling, which will be determined based on what the judge believes would be in the child’s best interests.
To speak with an experienced Palos Heights divorce attorney, please call the office Law Office of Demetrios N Dalmares and Associates Ltd.. A member of our team can also be reached via email by sending a message to firstname.lastname@example.org or by submitting one of our online contact forms.
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
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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.