If you are considering a divorce in Naperville, there are some things you should know first. Before you can file, Illinois requires that you be a resident for at least 90 days prior. Provided the divorce is not contested, there is no waiting period to file. Like other family law matters, Illinois law spells out rules for how to handle issues like child support, parental responsibilities, spousal maintenance, property division, and more.
Like a handful of other states, Illinois is a no-fault divorce state. What this means is that the reason for the divorce will not matter (whether it’s a cheating spouse or any other specific reason you are wanting a divorce.) Instead, all the state cares about is that you file for divorce and cite irreconcilable differences. This implies that the marriage has broken down and there is no chance of repairing it. However, even if your spouse cheated on you and that is the reason you are divorcing, there is no option to pursue additional damages due to adultery.
Illinois is an equitable distribution state, not a community property one. This means that during a divorce, marital assets and liabilities will be divided in an equitable and fair manner. With a community property state, assets and liabilities would be divided 50/50. In Illinois, if a spouse gets the family home, the other spouse might get another asset of comparable value. If you and your spouse cannot reach an agreement on property distribution together, then the court will look at a variety of factors when deciding the appropriate distribution.
Because of the equitable distribution laws in Illinois, the court will also look at assets like 401(k) plans, pensions, and other retirement accounts that may need to be divided in the divorce. Depending on the type of plan, it can be quite complex, and additional documents may be required to effectuate the distribution of those retirement assets, like a Qualified Domestic Relations Order. Your Naperville divorce attorney will help you understand all of the rules that apply in your particular case.
Child custody and visitation in Illinois is now called parental rights and responsibilities. No matter what you call it, the court will still determine who will be the parent responsible for legal decisions, which is known as decision making. What was known as visitation is now called parenting time. Unless there is a threat to the child’s safety and security, the court will favor a plan that will allow both parents to spend as much time as possible with the child.
If child support is warranted, it will be determined based upon a formula which considers by both parents’ net income, and how much time the child spends with each parent. Support is awarded to ensure the child’s needs will be met once the divorce has been finalized.
If you are considering filing for divorce in Naperville, or you have already been served with a petition, you need to contact Law Office of Demetrios N Dalmares and Associates Ltd. today to schedule an initial consultation.
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.