Divorce can be a contentious and emotional process. Fortunately, in 2016, Illinois officially became a no-fault divorce state, which means that, unlike in prior years, when a spouse had to prove that the other spouse was guilty of adultery, abuse, abandonment, or mental cruelty to obtain a divorce, couples no longer have to fulfill this requirement. Instead, the parties need only agree that irreconcilable differences have caused their marriage to break down in order to dissolve their union. This does not mean, however, that the divorce process is without its pitfalls and complexities, so if you and your spouse have decided to end your marriage, you should strongly consider contacting an experienced divorce attorneys Orland Park to ensure that your petition is filed properly.
Because Illinois is a no-fault divorce state, divorcing couples are now no longer required to provide proof of one spouse’s fault for the end of marriage in order to dissolve a marriage. Instead, Illinois couples are only required to establish that irreconcilable differences have led to the irretrievable breakdown of their marriage and that attempts at reconciliation have either failed or would not be in the parties’ best interests.
Generally, Illinois courts presume that a couple that can prove that they have been living separate and apart for at least six months has met the burden of demonstrating that irreconcilable differences exist. Fortunately, in order to live separate and apart, a couple need not live in different homes, but can instead provide evidence of a decision to live separate lives by opening different bank accounts, holding themselves out as being separated, using different bedrooms, or looking for a new residence.
Not all Illinois couples are permitted to file for divorce in the state. In fact, only when one party can prove that he or she has lived in the state for the prior three months will a couple qualify for a divorce. Fortunately, this span of time is usually measured up to the date of the granting of the divorce decree and not from the date of filing, which ensures that most residents who wish to file for divorce in Illinois are able to do so.
Even when residency requirements are met, and a couple can provide evidence that irreconcilable differences exist, a divorcing party can only officially dissolve their marriage once they have dealt with certain issues, including:
When a couple disagrees on one or more of these issues, a family law court will step in and make these determinations on the parties’ behalf.
To schedule a free consultation with a dedicated divorce attorney Orland Park, please contact Law Office of Demetrios N Dalmares and Associates Ltd. today by completing one of our brief 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
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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.