Prior to 2016, Illinois couples who decided to end their marriages were required to go through the arduous and complex process of proving that one of the parties was at fault for the union’s failure. Fortunately, this is no longer required in Illinois, as lawmakers have since adopted a no-fault approach to divorce, under which couples are now only required to attest that irreconcilable differences have led to the irretrievable breakdown of the relationship and that efforts at reconciliation are not in the family’s best interests. In most cases, providing evidence that a couple has been living separate and apart for at least six months is enough to satisfy this burden.
Although the no-fault approach to divorce has gone a long way toward simplifying the divorce process, ending a marriage is by no means an easy endeavor, so if you and your spouse are thinking about filing for divorce, it is important to contact experienced divorce lawyers in Crestwood who can explain your legal options before you move forward with your case.
Courts will only finalize a couple’s divorce after the parties’ marital assets and debts have been divided. Illinois is an equitable distribution state, so divorcing couples must divide assets and debts that were obtained during the marriage in an equitable manner. The only exceptions to this rule apply to bequests and gifts inherited by or given to only one of the parties during the marriage. Separate property, on the other hand, or assets that the parties brought into the marriage, will remain in the sole possession of the original owner unless a court determines that those assets have been commingled with marital property.
Besides determining how marital assets will be distributed upon the end of a marriage, divorcing couples must also decide whether one party will be required to make spousal maintenance payments to the other once the divorce is finalized. If a couple is unable to reach an agreement on this issue, however, a court will step in and make a determination based on an analysis of certain factors, including:
It is important to note that a judge will not assess these factors if a couple in question has already entered into a premarital or postmarital agreement in which they agreed on a certain amount or type of alimony payment.
Couples with children must come to an agreement on the allocation of parenting time and responsibility for decision-making before their divorce can be finalized. While most courts presume that equal time-sharing and responsibility are in a child’s best interests, this is not always the case, making it particularly important for couples with children to retain an attorney who can help them create a parenting plan that is in their specific child’s best interests.
If you and your spouse are thinking about filing for divorce, please contact the experienced Crestwood divorce legal team at Dalmars Law. We can be reached via email by sending a message to email@example.com or by submitting one of our online contact forms.
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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.
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