Families are loving and supportive — sometimes the only support one has. Unfortunately, families sometimes have legal issues, too. A couple gets married or gets divorced, and often this leads to many issues such as premarital agreements, property division, child custody, and child support. These issues can be extremely difficult, and sometimes impossible, for a family to resolve on their own. This is when a Mokena family law attorney is especially useful. An attorney will advise you on what the laws of the state say about these issues and can help the entire family come to a resolution that is favorable for all parties.
Below are just a few ways our family law attorneys can help with the most pressing issues.
When a marriage dissolves, it can be devastating for the entire family, particularly if there are children involved. Illinois is a no-fault divorce state, which means that the only grounds for divorce in the state are irreconcilable differences. This means that the marriage has broken down and that there is no chance for reconciliation. However, when there is fault involved in the divorce, such as when one spouse had an affair, the courts may take this into consideration when determining final terms pertaining to property division and other aspects of the divorce. Divorcing couples in Illinois have many different options, so it is important to speak to an attorney who can explain them all and can advise you on which is best for your situation.
One of the most difficult parts of any divorce is unquestionably child custody. Custody involves both physical custody and legal custody. Legal custody designates which parent will make decisions for the child, such as those regarding their education or religion. Physical custody indicates where the child will spend time physically. Physical custody can be granted as joint custody, sole custody, or shared custody. Courts will usually try to award both parents a portion of both legal and physical custody of their children.
What other states call alimony, Illinois calls spousal maintenance. This is not always awarded in a divorce, but if a spouse asks for it, the courts will take into consideration many factors. These include the job skills of each spouse, the financial means of each spouse, and the standard of living enjoyed by each spouse during the marriage. The courts will also typically use a formula to determine the amount of spousal maintenance, but in certain instances, such as in high net worth divorces, judges may deviate from this formula.
Illinois is an equitable distribution state, which means that the state will divide property in a divorce fairly, but not necessarily evenly. The courts will take a number of factors into consideration when determining how to split marital property. They will consider the length of the marriage, each spouse’s earning potential, what each spouse contributed to the marital estate during the marriage, and whether there is a premarital agreement in place.
Prenuptial and postnuptial agreements do not guarantee that a divorce will go smoothly, but they can help. Prenuptial agreements are drafted before marriage, while postnuptial agreements are drafted after a marriage has already taken place. These agreements can help with factors such as property division, although they will not affect decisions made on child support or child custody.
Under Illinois law, all parents are considered financially responsible for their children, regardless of whether the marriage lasts. Child support has changed considerably in Illinois recently and is now based on an income shares model. This means that the courts will take into account both of the parents’ incomes and determine child support payments based on that.
If you’re going through a divorce or considering it, do not take your chances by filing on your own. The Mokena family law attorneys at Law Office of Demetrios N Dalmares and Associates Ltd. can help. We will help you file for divorce, and then negotiate with the other side to make sure you get the best terms possible. We will also help your divorce proceed as quickly as possible so you can get on with your life. Do not go through this alone. Call us today or contact us online to get the help you need.
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.