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Lisle Family Law Attorneys | Divorce Lawyers, Lisle IL

Our Lisle divorce attorneys provide affordable, skilled and client-focused service in the areas of divorce, child custody, child support, maintenance/alimony, and legal separation. We will work as a team to be your aggressive advocates while ensuring that your divorce is handled efficiently and cost effectively while staunchly defending your rights to the fullest extent of the law.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

Top 3 Qualities to look for in Your Attorney

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

Learn how we service your area through our Remote Location Approach.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Lisle Family Law Attorneys:

  • ‍We Are Proven Advocates!   Our Lisle family law attorneys have the skill and experience to be your aggressive advocates.  We have been recognized for excellent Divorce work by the American Institute of Family Law Attorneys, who named us one of the 10 Best Attorneys for Client Satisfaction in 2016.   Because our clients have been overwhelmingly happy with our service, we were honored to receive Avvo's 2016 Clients' Choice Award for Divorce.  Integrity matters to us.  We have are proud to have an A+ Rating with the better business bureau.  Kevin O"Flaherty also received Suburban Life Magazine's Best Under 40 Award for 2015.  Most importantly many of our clients have taken the time to leave us glowing testimonials. We have built a reputation for excellence in divorce and family law.  We look forward to being your trusted adviser.    
  • ‍We Are Cost-Effective!  Our Lisle divorce attorneys work to maintain a relationship with our clients long after your divorce is completed.  To this end, we work hard to make sure that when your case is complete you feel like you received more value than you paid for.  We set realistic expectations regarding costs and outcomes at the outset of your case, so that you are never surprised by a legal bill.  During your case, we keep a relentless focus on working efficiently and cost-effectively to keep your legal expenses to a minimum.  If you hire the right attorney, Divorce does not have to be expensive. 
  • Our Lisle Attorneys Work as a Team to Provide Comprehensive Representation!  Divorce cases often require experience in other areas of law, such as real estate, bankruptcy, and business law.  Because our Lisle attorneys have collective knowledge in nearly every area of law, we are able to work as a team to provide comprehensive representation.   Regardless of the practice area required for your case, we have an experienced attorney who can collaborate with our divorce attorneys to give you the best representation possible.  After we earn your trust in your divorce matter, you can rely on our Lisle lawyers for any other legal issues that may arise over the years. 
  • We Are Your Shoulder To Lean On!  Our Lisle divorce & family law attorneys understand that you are going through a difficult time.  Our aim is to make the process as smooth and painless as possible.  We truly care about our clients' well being.  This is why our Lisle divorce attorneys are always accessible.  If we are in a meeting when you call, we promise to promptly respond to calls and e-mails and to affirmatively keep you informed and educated regarding the status of your case and the issues involved. 
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

5002 Main St., Ste. 201

Downers Grove, IL 60515

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Lisle Family Law Attorneys

How To File For Divorce In Lisle

Our Lisle divorce attorneys start your divorce by filing a divorce petition and ask the court to dissolve your marriage and resolve issues regarding division of marital property and marital debt, maintenance payments, child support, child custody, and visitation.  

Our Lisle divorce lawyers will include the following information in your petition to ensure that the case proceeds as efficiently and smoothly as possible. 

  • Background information regarding the history of the marriage, each of the spouses, the children of the marriage, any current pregnancies, and the marital assets and debts. 
  • Our Lisle divorce attorneys will file in the proper venue and jurisdiction to hear the case.  In order to accomplish this we must show that one of the parties resides in the county in which the case has been filed and that both spouses have resided in Illinois for at least the past 90 days.  ​

Our Lisle divorce attorneys have the skill and experience necessary to ensure that, from the filing of your divorce petition to the conclusion of your divorce, you will be educated about your options and the process, and that your divorce goes as smoothly, efficiently, and affordably as possible. 

Read an article by our Lisle family law lawyers about Petitions for Dissolution of Marriage. 

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Factors Divorce Courts Consider When Awarding Maintenance Awards

Divorce courts have wide discretion in determining whether maintenance awards will be awarded in divorce cases, the amount of the award, and how the award will be paid.  The Illinois Marriage and Dissolution of Marriage Act (IMDMA) lists several factors that courts are instructed to consider in making maintenance determination.  The factors are explained below.

Divorce courts review the "net income" of each spouse.  In order to arrive at the "net income" figure the court will first calculate "gross income."  Gross income includes most types of income, such as wages, disability benefits, workers compensation benefits, insurance proceeds, vacation pay, severance pay, interest, gifts, Social Security benefits, and portions of interest or appreciation from retirement account distributions.

The divorce court will assess the needs of both spouses, including the spouse from whom maintenance is sought.  The judge will determine whether, on the one hand, the spouse seeking maintenance has a need for maintenance payments; and, on the other hand, whether the spouse from whom maintenance is sought is actually able to pay maintenance. The goal is to create relatively equal standards of living for each spouse, as close as possible to the standard of living enjoyed during the marriage. 

The family law judge will seek to use maintenance as a tool to ensure that each spouse "financially independent."  Financial independence does not mean mere subsistence, but is based instead on the standard of living during the marriage.  Courts are more likely to award permanent maintenance if one spouse is unemployeable or if the party's prospective employment will not allow him or her to continue the standard of living he or she enjoyed during the marriage. If the spouse seeking maintenance is employable, he or she is required to attempt to find employment, rather than simply live off of the maintenance award.  

‍If one spouse sacrificed career or education advancement in order to perform domestic duties during the marriage, a long-term maintenance award is likely.  If the spouse seeking maintenance is the custodial parent, the divorce court will also consider future sacrifices that he or she will be expected to make in order to raise the children of the marriage.  

The judge will asseses the length oftake the spouse to obtain education in order to put himself or herself in the position he or she would have been in had she not made such sacrifices.  If the spouse can become self-sufficient after training, then the court may award rehabilitative maintenance for a specific time period.   

‍The goal of the divorce court is to provide both spouses with an equal standard of living as close as possible to that enjoyed during the marriage.  The court will review both (1) the standard of living during the marriage; and (2) the other spouse's ability to afford payments.  The court will not necessarily provide for the spouse seeking maintenance to maintain his or her standard of living permanently.  Temporary maintenance may be awarded if appropriate based on the other factors.  Child support payments do not factor into this analysis, because they are intended for the child, not the spouse. 

‍The rule of thumb is that the longer the marriage lasted, the greater the maintenance award will be.  However, courts may award permanent maintenance even for relatively short marriages if one of the spouses is disabled or made significant career sacrifices during a short marriage.

The physical and mental condition of each spouse, as well as their ages, can affect earning capacity.  If the spouse seeking maintenance has a disability, he or she is more likely to receive a larger award.  If the spouse from whom maintenance is sought is disabled or approaching retirement a large award is less likely.  If a short-term disability is involved the court may reserve ruling to determine the full extent of the disability.  Courts are not bound by administrative agencies' determinations of disability.

Tax deductions and credits are factored in when the court determines the income of each spouse.  Courts will also consider tax penalties for early withdrawal from retirement accounts.  Courts will seek the most tax advantageous solution for both spouses.   Read more about tax consequences as a factor in determining maintenance awards in divorce.

 If the spouse seeking maintenance worked to pay for the education or subsidize the career of the other spouse, or worked in the other spouse's business, courts will award a larger maintenance award. 

Divorce courts will honor any valid prenuptial or postnuptial agreements between the spouses as long as (1) the agreement explicitly deals with maintenance; (2) the agreement is not unconscionable; and (3) there is no undue hardship that was unforeseeable at the time of the agreement.  

Courts are not limited to considering the above factors in determining maintenance.  Judges have broad discretion to weigh any factor that they find to be "just and equitable." 

Read more about income and property as a factor in determining maintenance awards in divorce.

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Changes To Lisle Divorce Laws

2016 saw several schanges occur to Illinois Marriage laws, the purpose of these updates were meant to reduce potential disputes and bringing the law up to speed with modern co-parenting trends:

  • Previously, the grounds for divorce were either irreconcilable differences or one of several specific statutory grounds, such as impotence or drug abuse.  Irreconcilable differences required a longer waiting period that the couple was required to live separate and apart than the specific grounds.  As of 2016, the only ground for divorce in Illinois is irreconcilable differences.   The couple must now live separate and apart for 6 months prior to divorce.  However, this requirement can be waived if both parties agree. 
  • The terms "custodial parent," and "visitation" have been replaced by "allocation of parenting time and responsibility" in order to reduce disputes over custody. 
  • Parental responsibility is divided into four categories: medical decisions, educational decisions, extracurricular decisions, and religious decisions.  The decision making responsibility for each of these categories of decisions is divided among the parents by either agreement or court order. 
  • Prior to 2016, parents could relocate anywhere in-state without a court order, but a court order was required for any out of state move.  Now, parents can move within 25 miles without court approval, even if the move crosses state lines.  Parents living outside of the Chicago metropolitan area may relocate up to 50 miles away in-state without a court order.  

Our Lisle divorce and family law attorneys discuss these changes and how they affect the divorce process in Illinois.

Read more about the changes to Illinois marital law.

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