Divorce can be one of the most difficult and complicated experiences in your life. Even when spouses can agree to terms, when it comes to property division or the allocation of parental responsibilities, divorce is nonetheless an emotionally challenging experience that involves numerous complicated aspects of the law. Did you know that around 30,000 people get divorced in Illinois each year? The Illinois Department of Public Health reports that figure while also recognizing that approximately 70,000 people get married every year.
Most of us do not plan for divorce when we get married, but time and events can cause even the most well-thought-out plans to change-divorce does happen. A dedicated Illinois divorce lawyer can assist you in getting started on your case today.
Most legal issues arising out of a divorce will fall under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501 et seq.). The first step to getting divorced in Illinois requires the filing of a Petition for Dissolution of Marriage by one of the married parties.
While Illinois used to recognize fault-based grounds for divorce, it recently became a “no-fault” divorce state. What does this mean? Simple…to get divorced, the person who files simply needs to state that there are irreconcilable differences between the spouses, which have resulted in the irretrievable breakdown of the marriage.
In an Illinois divorce, only property which is marital property—(both assets and debts from the marriage)—will be subject to division or distribution. Illinois is an “equitable distribution” state. As such, marital property gets divided in a manner that is equitable or fair to the parties, but which may not necessarily mean an equal (50/50) division of assets between the parties.
Property division can get especially complicated in a high asset divorce where the couple owns significant assets, including valuable real estate or other property, or a business. Situations may also exist where separate property has been commingled with marital property, exposing those assets to division with the spouse. An experienced Illinois divorce attorney can help with property classification and properly advocate for your rights to those assets in the divorce proceeding.
In certain divorces, the court will decide that spousal maintenance (formerly know as “alimony”) should be awarded. The first step in seeking maintenance requires that one of the litigants file a motion to seek support from their spouse. Then, the next step is for the court to decide whether spousal maintenance is appropriate in that case. In assessing the matter, the court looks to various factors, such as the length of the marriage and the roles of the parties during the marriage, in order to decide whether it should be awarded. Then, if the parties make a combined gross income of less than $500,000, the court looks towards its guidelines to determine the amount and duration of the award. (See 750 ILCS 5/504)
When there is a child from the marriage, divorce can also involve the allocation of parental responsibilities and a child support determination (formerly known as child custody, and visitation). Matters concerning a child and the parent-child relationship can get especially contentious, and it is important to speak with an experienced lawyer about your case.
Are you thinking about filing for divorce? Do you need help with a divorce case in which a petition has already been filed? Do you need to modify a court order? An experienced Illinois divorce attorney can assist you. Contact Law Office of Demetrios N Dalmares and Associates Ltd. today.
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.