In Illinois, divorcing spouses are not required to prove that one or the other was at fault for a union’s failure in order to end their marriage. While this has made the process of obtaining a divorce simpler than in prior decades, doing so is still challenging, so if you and your spouse are considering dissolving your marriage, it is critical to speak with an experienced Frankfort divorce law firm before starting the filing process.
Under state law, Illinois couples who decide to divorce do not need to provide proof of fault to obtain a divorce, but are only required to establish that:
Generally, courts presume that couples who have been living apart for at least six months have satisfied this burden and so are not required to provide any further evidence of irreconcilable differences. Fortunately, residing in different homes is not the only way to satisfy this element, as divorcing parties can do so by demonstrating that they have begun living separate lives, which could include everything from opening separate bank accounts and changing their last name, to holding themselves out to friends and family as being separated and entering into new relationships.
The divorce process has become much simpler in the last ten years, a trend that can largely be attributed to the fact that divorcing parties are no longer required to provide proof of fault before they can end their marriages, which in turn, tends to reduce conflict and disagreement. This is especially true for those who can reach an agreement on all divorce-related issues, such as property division and alimony, before going to court.
Those who cannot reach an out-of-court agreement on property division, spousal support, or child custody, on the other hand, will only be able to obtain a divorce after a judge has issued a ruling on these topics. Alternatively, a divorce could qualify as uncontested if one of the spouses in question files for divorce, but his or her partner fails to submit a reply within 30 days. In these situations, a judge will proceed with the case as if the parties had reached an agreement, using the petitioner’s statements and evidence to make their decision. Submitting a timely response to a divorce petition is the best way to avoid this, so if you were recently served with divorce papers, it is important to speak with a divorce attorney about your next steps as soon as possible.
For help with your own divorce, please call the dedicated lawyers at Law Office of Demetrios N Dalmares and Associates Ltd. or send us an email at email@example.com today. In an effort to meet the needs of potential clients during the COVID-19 pandemic, our team is also making itself available via video and phone conferences.
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.
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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.