Divorce is often an endeavor that married couples strive to avoid. However, unfortunately, coupes do decide to divorce for a variety of reasons. The purpose of a divorce case is to untangle a couple’s various assets, including marital property, and to divide it between the two parties fairly. A divorce also aims to establish a couple’s remaining obligations such as alimony, child support, and parenting time.
In the state of Illinois, a division of assets is slightly more complicated than in other states. This is because Illinois is a no-fault divorce state, and the concept of equitable division determines marital assets. This concept can be challenging to understand, which is why you should consider employing the services of an experienced Illinois divorce lawyer. The law practice of Law Office of Demetrios N Dalmares and Associates Ltd. can help you understand this concept more easily.
The reality of a no-fault state that uses the concept of equitable marital property division is that marital assets hardly ever get split 50/50. This is because Illinois is not a community property state. Additionally, Illinois courts do not take who is the cause of the divorce into consideration when deciding the marital property division. This practice might seem unfair, but Illinois courts strive to divide assets fairly as the court will examine certain factors surrounding the dissolution of the divorce.
Although the courts will not award a greater division to a victimized spouse, they do take into consideration financial misconduct when determining judgment. If a spouse has wasted marital money on others besides the family, they will be required to reimburse the funds used.
To establish what constitutes an equitable distribution of marital property, an Illinois court will need to assess several different factors. As we now know, equitable distribution does not always equate to equal distribution of assets. Depending on the following factors, a court will determine the split ratio between the two spouses.
Before the marital property can be divided, it will need to be determined if the property is owned separately. Marital property is inclusive of most assets that have been acquired during the couple’s marriage. In many instances, the property will need to have been acquired during the marriage for it to be considered for division.
Once it has been fully determined what property is marital property, either the court or divorcing couple will need to assign specific monetary values to each item. By assessing and determining an item’s value, a couple or judge can decide if a particular property distribution agreement is equitable and fair to both parties. In many cases, a spouse with more earning power will be required to take on more debts, while the lower-earning spouse will likely gain a greater share of the couple’s assets.
In the state of Illinois, determining the equitable distribution of marital property can be challenging. Divorces are often incredibly taxing experiences and can easily become exhaustive. Utilizing a qualified Illinois divorce lawyer to assist you with the proceedings can help you settle the divorce outside of court, or a lawyer can help you achieve a fair outcome at trial. Get in contact with the law practice of Law Office of Demetrios N Dalmares and Associates Ltd. to learn more about how property division is determined and decided in Illinois.
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.