Follow our firm on:

Free consultation:

847-255-9925

Pay Online Menu
Search

Palatine Divorce Attorney 

Palatine Divorce Attorney

In 2016, Illinois officially became a no-fault divorce state. As a result, couples who wish to legally end their marriages can now obtain a no-fault divorce instead of being required to prove that the other party was at fault for the union’s failure. This saves couples a significant amount of time and money, and also tends to result in less conflict during the divorce proceedings themselves. No-fault divorce proceedings, however, can still be complicated, as they still require the resolution of matters related to property division, alimony, child support, and child custody. Resolving these types of issues can be complicated, so if you have decided to file for divorce, it is important to contact an experienced Palatine divorce attorney who can explain your legal options. 

Defining Irreconcilable Differences

Prior to 2016, divorcing couples were permitted to file for divorce under the fault-based grounds of irreconcilable differences. Now, however, irreconcilable differences are the only grounds for divorce and unlike its fault-based predecessors, do not require proof. Instead, the parties need only assert that irreconcilable differences have resulted in the irretrievable breakdown of their marriage and that:

  • Attempts at reconciliation have failed; or
  • Future efforts at reconciliation would be impracticable and not in the family’s best interests.

Furthermore, if a couple does agree that their marriage is irretrievably broken, there will be no waiting period before their divorce can be finalized. If, on the other hand, one spouse contests the divorce, then the parties must live separate and apart for at least six months, at which point, the court will presume that the requirement of irreconcilable differences has been satisfied. It is also important to note that separation does not necessarily mean living apart. Instead, separation for divorce purposes is generally understood to refer less to physical space, and more to establishing separate lives. 

Property Division

Some of the most difficult aspects of divorce with which couples must grapple involve issues related to property division. Because Illinois is an equitable division state, divorcing couples must divide all of their marital property equitably. This applies to any property acquired after a marriage took place, including pensions, stock options, personal possessions, real estate, bank accounts, and retirement funds. 

The only exceptions to this rule apply to inheritances and any property excluded by valid pre or postnuptial agreement, which qualify as separate property. Otherwise, separate property is any property that was acquired by either spouse prior to the marriage. While separate property will remain in the hands of the original owner, marital property must be divided fairly based on each party’s contribution to the acquisition of the assets, the length of the marriage, and each spouse’s economic circumstances. 

Spousal Maintenance

Courts have the discretion to grant temporary or permanent spousal maintenance in an amount that it deems fair based on both party’s incomes, the couple’s standard of living, the length of the marriage, and any custody arrangements. Alimony can take the form of regular installments, a lump sum payment, or a greater portion of marital assets. For help coming up with an alimony agreement that is in your best interests, please contact our legal team today. 

An Experienced Palatine Divorce Attorney

Please contact the SAM LAW OFFICE LLC today to speak with a dedicated Palatine divorce lawyer who can walk you through the divorce process and explain your legal options. 

Providing Law Solutions In An Equitable & Cost-Effective Manner

Contact sam law office llc

Need Our Help? Get Your Free Consultation!

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

NUVEW | SAM LAW OFFICE LLC Copyright 2020. All Rights Reserved | Accessibility Notice | Privacy Policy

COVID-19 Update

As the situation regarding COVID-19 continues to develop, we are taking all necessary steps to protect the health and safety of our clients and our employees. All staff are following strict hygiene and cleaning procedures. At this time, we remain open to serve our clients. Because our services often involve little contact between clients, lawyers, and staff, the risk of person-to-person transmission is low. However, if you do have a meeting here at our office scheduled, and if you need to adjust or reschedule, we are happy to work with you to do so.

Along those lines, we remain ready and available to assist you. As a technology-based firm, with the ability for most of our lawyers to work from home even before this current situation developed, we regularly work with clients remotely and know how to deliver great services from any location. Our firm is prepared to handle the current challenges. We can offer confidential consultations via Teleconferencing or Video platform. If you prefer to meet with a member of our staff via Teleconference, please let our office know. In-person appointments are also still available, and our office continues to observe the highest standards of cleanliness and sanitation.

If you have any questions or concerns, please contact our office. We are here to help you during this sensitive time.  We can be reached at (847) 255-9925.

Call Now Button