Illinois is a no-fault divorce state, which means that couples who wish to end their marriages are no longer required to provide proof of one party’s fault in order to obtain a divorce. Instead, the parties need only satisfy residency requirements and establish that irreconcilable differences have led to the failure of their marriage. Although filing for a no-fault divorce tends to be much simpler than filing for its fault-based predecessor, it is by no means a simple process, so if you and your spouse live in Illinois and have decided to end your marriage, it is important to contact a team of experienced Downers Grove divorce attorneys who can help protect your interests.
No-fault divorce means couples who wish to legally end their marriages are not required to prove that the other spouse did anything wrong in order to obtain a divorce. Instead, a couple’s marriage need only be irretrievably broken in order to qualify for a no-fault divorce. However, this is only an option for couples who satisfy residency requirements and who have been separated for at least six months.
Even couples who file for no-fault divorce must still contend with a host of complicated issues before their divorce can be finalized, including property distribution. Illinois is an equitable distribution state, so all of a divorcing couple’s marital property must be divided fairly. This division requirement applies to all property acquired after a marriage takes place, but excludes assets obtained or acquired by one spouse prior to the marriage. When deciding what would qualify as a fair division of assets, courts look to a number of factors, including each party’s contribution to the marital property, the length of the marriage, and each party’s particular economic circumstances.
In addition to making property division determinations, divorcing couples are also required to determine whether one of the parties will be required to pay spousal maintenance to the other and if so, what form those payments will take and how long they must be paid. Couples who are unable to come to an agreement on this issue will have to abide by the decision of a judge, who will take a few different factors into account when making his or her determination, including the couple’s standard of living during the marriage, the duration of the union, and each party’s earning potential.
Finally, couples who share children will only be permitted to finalize their divorce if they come up with a custody and child support arrangement. These agreements will only be approved by a court if they are deemed to be in a child’s best interests, which in turn requires an assessment of the parties’ wishes, the distance between the parents’ homes, and the child’s adjustment to his or her community and home. Child support, on the other hand, will be dictated by the amount of time each parent spends with the child, as well as both parties’ incomes.
If you and your spouse are thinking about filing for divorce, please call our office to speak with one of the experienced Downers Grove divorce lawyers at Law Office of Demetrios N Dalmares and Associates Ltd. today.
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.
Demetrios Dalmares is a very good attorney. He did a great job in assisting me through my divorce. This is the attorney who will get the job done!
Demetrios has helped me through a very difficult time in my life. He is not intimidated by increased levels of challenges. He has been able to adapt to my unique circumstances and get over every hurdle with confidence. He's intelligent, kind and a good listener. I wholeheartedly recommend Demetrios and his excellent staff to all my family and friends. I assure you that his commitment to helping others is reassuring, and I hope it sets your mind at ease.
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
5-star team, very helpful, very friendly, punctual. Hired for a paternity case and was very pleased with the outcome. Demetrios is great; I highly recommend!
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.