Illinois is a no-fault divorce state, which means that couples who wish to dissolve their marriages are no longer required to provide evidence of adultery, mental cruelty, or abuse to obtain a divorce. While this has made the process of dissolving a marriage much easier than in prior decades, obtaining a divorce is still no easy feat, as severing this legal bond requires couples to resolve a host of complicated issues, such as who will retain which marital assets, whether one party is owed spousal maintenance, and how custody of any children will be shared. You might wonder, “Do I really need to hire a divorce lawyer by me to ensure my divorce goes smoothly?” In a word — yes.
Divorcing couples now need only attest that their union has irretrievably broken down due to irreconcilable differences and that attempts at reconciliation have failed or would not be in a family’s best interests in order to legally end a marriage.
Under Illinois law, providing evidence that a couple has lived separate and apart for at least six months creates an irrebuttable presumption that the irreconcilable differences requirement has been met. However, this does not mean that a couple must have lived physically apart for six months to prove irreconcilable differences. Instead, proof that the parties have separated their finances, begun living in separate bedrooms, or have made other attempts to demonstrate their status as a separated couple is often enough to satisfy this requirement.
Couples who agree that their marriage has become irretrievably broken, but who cannot agree on other issues, such as how marital assets and debts will be divided, whether one party must pay the other alimony, and how parenting time of any of the couple’s children will be divided, will need to litigate these issues in court. How a court rules on these issues will depend in large part on the strength of the evidence presented, including financial documents related to income, expenses, and marital or separate assets. Parties who agree on all of these issues, on the other hand, can proceed with an uncontested divorce, which is usually resolved much more quickly than contested divorce proceedings.
Whether a couple’s divorce qualifies as contested or uncontested, neither party will be able to obtain a divorce unless one of the spouses has lived in the state for at least 90 days, continuously preceding the prove-up or final court date. Fortunately for many couples, this span of time is usually measured up to the date of the divorce judgment itself, not from the date that the parties filed for divorce, ensuring that most Illinois residents who wish to obtain a divorce decree satisfy this requirement.
To schedule a free case evaluation with a dedicated divorce lawyer by you at Law Office of Demetrios N Dalmares and Associates Ltd., please send us a message at firstname.lastname@example.org today.
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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.