Orland Park Divorce Law Firm

Orland Park Divorce Law Firm

There are a number of steps that divorcing couples must take before their marriage can officially be dissolved. This includes filing a divorce petition, satisfying residency requirements, and contending with a host of complicated divorce-related matters, including spousal maintenance and the division of marital property. For help navigating this complex process during your own divorce, please contact our experienced Orland Park divorce law firm today. 

Irreconcilable Differences

Before an Illinois court will grant a divorce, a couple must be able to establish that irreconcilable differences have led to the irretrievable breakdown of their marriage and that:

  • Efforts at reconciliation have failed; and
  • Future attempts at reconciliation would not be in the family’s best interests. 

Fortunately, proving that irreconcilable differences exist can be a simple process, as it can be established by demonstrating that a couple has lived separately for at least six continuous months. 

Dividing Marital Property

Couples who have decided to end their marriages must decide how marital assets will be divided upon divorce. While many couples are able to reach an amicable out-of-court agreement on these issues, doing so is not always possible, in which case, a judge will step in and determine how marital assets should be shared. This decision will impact a wide range of assets, as it covers any property obtained during the marriage by either party, including:

  • Real estate;
  • Furniture;
  • Vehicles;
  • Savings accounts;
  • Stock portfolios; and
  • Retirement accounts. 

As long as the asset was obtained after the marriage took place, it will be considered to be marital property. The only exceptions to this rule are gifts given only to one spouse, inheritances, and property that is specifically excluded by a premarital agreement. In determining what would constitute an equitable division of these assets, courts look to a number of factors, including each party’s contribution to acquiring the property, each person’s financial circumstances, and the duration of the marriage. 

Spousal Maintenance

Before a court finalizes a divorce, it also requires couples to determine whether one party will be obligated to pay spousal maintenance to the other once the divorce is official. If determined to be appropriate, a court will use specific guidelines regarding the parties’ incomes and the length of the marriage to come up with the payment amount and duration.

Parenting Rights and Responsibilities

Some of the most painful disputes that divorcing parents experience during the divorce process involve parenting rights and responsibilities. Parents who are unable to reach an agreement on these issues on their own will be required to comply with court orders on a number of childcare-related issues, including:

  • How various parental responsibilities, including decision-making abilities, will be divided;
  • How parenting time will be shared by the couple;
  • Where the child’s primary residence will be located; and
  • Whether one party must pay child support.

For help reaching an agreement with your own partner on these types of issues, please contact our legal team today. 

Set Up a Free Consultation Today

If you have questions or concerns about filing for divorce in Illinois, please contact the experienced Orland Park divorce law firm of Demetrios N. Dalmares & Associates, Ltd. We can be reached by phone or by sending an email to info@dalmareslaw.com.

 

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