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.
This place is 1000% recommendable! So far the process has been super smooth and easy to deal with. They placed all my worries out the window and I've slept better knowing they are on my team. Currently in tears knowing I'll be able to resolve this but sad that it's never going to be the family I thought I could have had. It's ok though, it's time to move forward. Thanks DnD.
Demetrios saw my case to the end. Great outcome! Justice prevailed!
I would absolutely recommend Demetrios to anyone! He is all for his clients and most importantly honest. He helped me deal with a very difficult situation and got me what I deserved. I already have referred a few people to him and each one so far is very satisfied and happy with their results.
Demetrios is honestly the best attorney to help through any divorce situation or custody battle. He will go above and beyond to make sure to guide you through it all. I have referred many people to him, and every person has been more than impressed. I even referred someone that needed immediate attention after hours, and he contacted her right away! I can promise you one thing he knows his stuff, and you won’t be disappointed!
Demetri is extremely knowledgeable and confident In what he does. He is everything I searched for in a lawyer, I thank him for his determination and courage. I don’t see many lawyers leveling up with him in court, wouldn’t have wanted anyone else by my side during such a tough time.
Demetrios is at the top of his profession. The combination of his knowledge and experience along with his experienced and dedicated staff guided me through my legal needs in a timely and compassionate manner. Certainly a monumental task during a pandemic. Thank you, Demetrios.
Super professional legal services law office. Highly strong communication skills and clients representation. Point-oriented legal path and service. More specifically, I had a very good experience upon hiring and dealing with Attorney Demetrios Dalmares as he understood all I wanted and walked me through all details required to achieve the desired goals with minimal losses. Good job Demetrios! Highly recommended. Good luck and will definitely refer if asked. Thank you
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
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.