Not all marriages last forever. When poor communication, infidelity, substance abuse, drastically different lifestyle desires and expectations, or external stresses push your marriage to the point that you no longer want to remain in it, divorce could be the right answer. Divorce is the legal process of dismantling a marriage and as such, it requires the couple to work with the court to create a divorce settlement according to the guidelines in the Illinois Marriage and Dissolution of Marriage Act.
The best way to prepare for your divorce is to educate yourself about the process. Every divorce is unique, but they all follow the same laws and involve similar components.
In Illinois, all divorces are no fault divorces. This means that the couple must only state that their marriage suffered from irreconcilable differences in order to be granted a divorce. Previously, couples could cite reasons for their divorces, but Illinois and other states have eliminated grounds for divorce.
Before a divorce can be finalized, the couple must have been living separately for at least six months. An individual cannot file for divorce in Illinois unless they, or their spouse has lived in Illinois for at least 90 days. When an individual files for divorce, he or she files the petition with the circuit court of the county where he or she or his or her spouse resides.
Your divorce settlement is the final document that outlines the terms of your divorce. You can work with your spouse to develop a divorce settlement on your own and submit it to the court or if this is not possible, the court can create your settlement by determining an appropriate breakdown of your marital debts, assets, and other needs following the divorce by applying the factors included in Illinois law to your case.
In any divorce, the couple’s assets and debts must be divided between the partners according to the doctrine of equitable distribution. This is not necessarily an equal split, but one the court deems to be fair based on the individuals’ needs.
If the couple has children, the court will also develop a parenting plan for the children and a child support order based on the couple’s income and parenting time split. When developing a parenting plan, the court considers a set of factors to determine the couple’s children’s best interest.
If one partner did not work during the marriage or worked part time to devote him- or herself to the couple’s home and children, that partner may also seek spousal maintenance.
When you know your marriage is over, work with a divorce lawyers who you feel is a good fit to handle your case. Everybody’s divorce and individual needs are unique, which is why a lawyer your friend or a relative recommends, might not be the right lawyer for you. Contact Law Office of Demetrios N Dalmares and Associates Ltd. today to set up your free consultation with us to see if we are the right team for you.
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.