Although lawmakers have taken steps to simplify the divorce process in Illinois over the last few years, legally dissolving a marriage can still be difficult. This is largely due to the fact that couples must not only comply with a host of complicated procedural rules but also need to grapple with a number of divorce-related issues, such as how marital assets will be divided. To ensure that your own divorce is not unduly delayed due to a failure to comply with these rules, please contact one of our dedicated Frankfort divorce lawyers for advice.
Before 2016, Illinois couples who wanted to dissolve their marriages were required to demonstrate that one of the spouses was at fault for the breakdown of the marriage. Fortunately, Illinois has since adopted a no-fault approach to divorce. As a result, couples now only need to attest that irreconcilable differences have caused their marriage to become irretrievably broken, and that efforts have reconciliation have failed, or that future attempts would not be in the couple’s best interests. Generally, if a couple can prove that they have lived separate and apart for at least six months, courts will automatically presume that irreconcilable differences exist, and grant the divorce.
Illinois is an equitable distribution state, which means that divorcing couples must divide all marital asset, or assets that were acquired by one or both spouses during the marriage, fairly.. The only exceptions to this rule apply to inheritances and gifts that were given to one of the spouses during the marriage. These assets, like all other assets purchased or acquired before marriage, will remain the separate property of the original owner, and do not need to be divided.
Besides deciding how the property will be divided upon the dissolution of their marriage, divorcing couples must also determine whether one party should receive spousal maintenance from the other. When deciding whether an award of alimony is appropriate, courts will assess the following factors:
If on the other hand, a couple entered into a premarital or post-nuptial agreement, in which they agreed on a certain amount for a spousal maintenance award, courts will not usually need to assess these factors unless they find that the agreement is deemed to be the result of fraud or duress.
Couples who have children and who are unable to come up with a parenting plan out-of-court will need to go to court where a judge will divide parenting time and responsibility for parental decision making based on what would be in the child’s best interests. While most courts presume that a parenting plan which reflects equal time sharing and responsibility for decision making satisfies this burden, this is not always the case, making it especially important for divorcing couples with children to speak with an experienced attorney before filing for divorce.
To speak with one of the dedicated Frankfort divorce lawyers at Law Office of Demetrios N Dalmares and Associates Ltd. about your own pending divorce, please call our office or visit our website 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.