DuPage Divorce Attorney

Dupage Divorce Attorneys | Family Law Attorneys, Dupage County IL

Dupage Divorce Attorneys | Family Law Attorneys, Dupage County IL

Our skilled Dupage divorce attorneys provide exceptional legal work, aggressive representation and above-and-beyond client service at affordable rates. Our DuPage County family law attorneys are happy to assist you with any family law issues including divorce, child custody, child support, visitation rights, maintenance awards, and adoption.

Our skilled Dupage divorce attorneys provide exceptional legal work, aggressive representation and above-and-beyond client service at affordable rates. Our DuPage County family law attorneys are happy to assist you with any family law issues including divorce, child custody, child support, visitation rights, maintenance awards, and adoption.

Your Community Law Firm

Why O'Flaherty Law for My

Family Law and Divorce

Matter?

Dupage divorce attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your divorce or family law matter.

Our DuPage Family Law Attorneys Are Experienced!  

Our DuPage family law attorneys have the experience you need to put you in the best position to succeed.  We have built a reputation in DuPage County for excellent legal work.

Our DuPage County Divorce Lawyers Are Affordable!  

Our Dupage divorce lawyershave intentionally made our rates affordable in order to be in the position to assist more clients.  We work efficiently to provide cost effective solutions to your family law matters.  

Our DuPage Divorce Lawyers Provide Comprehensive Service! 

Our team of attorneys work together to bring experience in nearly every area of law to bear in your family law matter.  If your divorce requires experience in real estate or business law, we have an attorney in house who can help.  If you need assistance with any other legal issue after your family law matter is completed, you will never have to look elsewhere for an attorney. 

Some of Our Accomplishments

Schedule a Free Consultation With Our

DuPage Divorce Attorneys

dupage family lawyer

What to Expect From a Consultation

The purpose of a free 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. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Please contact our friendly

DuPage Divorce Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Downers Grove

5002 Main St, Ste. 201
Downers Grove
,
IL
60515
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

dupage family law attorney

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our Dupage Divorce Attorneys

dupage county divorce attorney

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Can an Illinois Divorce Be Cancelled if the Parties Reconcile?

In this video, we explain what happens if parties to an #IllinoisDivorce reconcile and decide to call off the divorce. We explain dismissal of #divorce proceedings, suspension of the divorce, and remarriage after the divorce is final. #FamilyLaw #IllinoisFamilyLaw

In this article, we will explain what happens if the parties to an Illinois divorce reconcile and decide to call off the divorce.  We explain dismissal of divorce proceedings, suspension of the divorce via the court’s reconciliation calendar, and remarriage after the divorce is final.  

Read More
dupage county family lawyer

In this article, we will explain what happens if the parties to an Illinois divorce reconcile and decide to call off the divorce.  We explain dismissal of divorce proceedings, suspension of the divorce via the court’s reconciliation calendar, and remarriage after the divorce is final.  

Read More

Recent Changes To Dupage County Divorce Law

dupage divorce lawyer

In this Learn About Law podcast & videoblog, Dupage divorce attorney Kevin O'Flaherty discusses recent to Illinois Divorce Law

dupage divorce lawyer

Our DuPage  Divorce attorneys explain recent changes to Illinois divorce law. 2016 saw several changes to the Illinois Marriage and Defense of Marriage Act (the "IMDMA").  Most of these changes were intended to reduce the likelihood of disputes, and to bring the Act into line with the modern realities of marriage, divorce and parenting.  

The only ground for divorce is now irreconcilable differences.  Previously, the parties could either list irreconcilable differences or one of several specific statutory grounds.  However, irreconcilable differences used to lead to a longer required period of living separate and apart than specific grounds (2 years).  Now, the required period of living separate and apart is 6 months, and 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."   Four categories of parenting responsibility are divided among the parents, those being educational, religious, extra-curricular, and medical responsibility.

‍Previously, parents were permitted to move anywhere in-state without leave of court, but required court permission to move out of state.  Now the determination is based on distance as opposed to state lines.  Parents can move within 25 miles without a court order, regardless of whether the move is in-state or out-of-state.  A move of more than 25 miles requires permission of court.  Outside of the Chicago metro area, parties can move within 50 miles without leave of court as long as the move is in-state.  

Read the full article by our DuPage family law attorneys regarding recent changes to Illinois family law.

Dissipation and Contribution in DuPage County divorce cases

In this article, our DuPage County divorce attorneys explain how dissipation and contribution work in Illinois divorce law.  Dissipation of the marital estate occurs if one spouse uses marital assets for their own improper purposes.  If dissipation occurs, the spouse that dissipated marital assets must refund them to the estate.  Contribution occurs in the context of a divorce case if one spouse used their own personal assets to benefit the marriage.  In these cases, the spouse will be refunded from the marital estate.

Read the full article by our DuPage family law attorneys explaining dissipation and contribution in DuPage County divorce cases.

Dupage family law attorney Kevin O'Flaherty explains dissipation and contribution in DuPage County marital dissolution cases.

divorce attorney dupage county illinois

In this article, our DuPage County divorce attorneys explain how dissipation and contribution work in Illinois divorce law.  Dissipation of the marital estate occurs if one spouse uses marital assets for their own improper purposes.  If dissipation occurs, the spouse that dissipated marital assets must refund them to the estate.  Contribution occurs in the context of a divorce case if one spouse used their own personal assets to benefit the marriage.  In these cases, the spouse will be refunded from the marital estate.

Read the full article by our DuPage family law attorneys explaining dissipation and contribution in DuPage County divorce cases.

Maintenance Awards In Dupage County Divorce Cases

Dupage County family law attorney Kevin O'Flaherty discusses spousal maintenance awards in DuPage County Divorce cases.

dupage divorce lawyer
divorce lawyer dupage county il

In this article by our Dupage County divorce lawyers, we discuss each of the factors that courts consider in determining whether to award a maintenance award in a divorce case, how much the award will be, and how the award will be paid.  

Maintenance can be paid in a lump sum or continuing payments on a temporary or permanent basis.  As a rule of thumb, divorce courts will try to put the parties in a relatively equal position as close to the standard of living they enjoyed during the marriage as possible.  Some of the most important factors are the duration of the marriage, the earning capacity of each spouse, and the sacrifices one spouse made during the marriage for the other spouse's career.

Read the full article by our Dupage County divorce attorneys regarding factors courts consider in determining maintenance.

Current Child Support Laws and Recent Changes to Child Support Laws 

Dupage County family law attorney Kevin O'Flaherty describes recent changes to Illinois child support law. In these articles, our Dupage County family law attorneys explain the current guidelines for determining amounts of child support payments and changes to Illinois child support laws which will become effective on July 1, 2017.  ​The new law will change from minimum guidelines based on the number of children to a model based on the amount of time each parent spends with the child and the relative incomes of each parent. 

Read the full article by our Dupage family law attorneys about recent changes to DuPage County child support laws.

Read the full article by our DuPage family law attorneys explaining recent changes to DuPage County child support laws.

Factors DuPage County Domestic Relations Courts Consider When Determining Child Custody Issues

In this article, our Dupage County family law attorneys discuss the factors that Dupage County domestic relations courts consider in determining child custody issues.  The rule of thumb is that courts have broad discretion to rule based on the "best interest of the child."  However, there are several specific statutory factors that the Illinois Marriage and Dissolution of Marriage Act instructs courts to consider, such as the child's adjustment to his or her home and community and the living situation of the parents.  There are also several common law factors that are not listed in the IMDMA, but which courts have considered previously.  

Read the full article by our Dupage County family law attorneys regarding factors courts consider in determining child custody issues

Collaborative Law Divorce and Cooperative Divorce Explained

In this article, our Dupage County family law attorneys explain Collaborative Law Divorce and Cooperative Divorce.  Collaborative Law Divorce and Cooperative Divorce are alternatives to litigating the issues of your divorce in court.  In both Collaborative Divorce and Cooperative Divorce, the parties agree to exchange information freely out of court and negotiate in good faith.  The difference between the two is that in a Collaborative Divorce, the attorneys for both parties must withdraw if the negotiation process is unsuccessful and litigation becomes necessary.   Both Collaborative Law Divorce and Cooperative Divorce may be options to save your family significant money and stress throughout the divorce process.  

Read the full article by our Dupage County Collaborative Divorce attorneys on Collaborative Divorce and Cooperative Divorce.

Everything You Need to Know About Paternity Law in DuPage County

Our Dupage County family law attorneys explain everything you need to know about paternity law including, the different types of causes of action related to paternity available in Will County, how to establish paternity by mutual consent, who may file a paternity case, the burden of proof in paternity cases, who is the "presumptive father" and the process for presenting expert testimony regarding DNA tests. 

Read the full article by our Dupage County family lawyers regarding everything you need to know about Illinois paternity law. 

Asset Division in Dupage County Divorce Cases

In our article on asset division in Divorce, our Dupage County divorce attorneys explain which types of assets are marital assets subject to division by the divorce courts, and which types are non-marital assets.  We then discuss the factors that divorce courts consider in determining how to divide the assets in the marital estate. ​

Read the full article by our Dupage County Divorce attorneys on how assets are divided in a divorce.

Petitions for Dissolution of Marriage in DuPage County Explained

In this article, our Dupage County divorce attorneys explain how to file a petition for dissolution of marriage in Illinois, including the required contents of the petition and how to serve it on the respondent. 

 Read the full article by our Dupage County divorce lawyers regarding divorce petitions. 

Marital Settlement Agreements In DuPage County Divorces

Our DuPage divorce attorneys work hard to resolve as many issues as possible through settlement outside of court.  When the parties are able to reach a settlement, both sides will save on the legal fees that would be required should a trial be necessary.  When some or all of the issues in a divorce case can be resolved, the parties will execute a Marital Settlement Agreement.  In the Marital Settlement Agreement, the parties will come to terms on child custody, child support, maintenance issues, property division, and division of marital debt.   The court will typically honor the parties' decisions laid out by the parties in a Marital Settlement, with two exceptions:

  • The court is not obligated to honor the parties' decisions regarding child-related issues such as child support, child custody, and visitation.  The court has an independent responsibility to look out for the "best interest of the child.
  • The court will not honor the Marital Settlement Agreement if it is "unconscionable,"  meaning that it is either unreasonably unfair to one spouse, or it was made under circumstances in which one of the spouses did not have a meaningful choice.

After the Marital Settlement Agreement has been executed and submitted to the court, the court will draft its terms into the order of dissolution, and a trial will not be necessary to decide any issues covered by the agreement.  Typically, divorce orders may be modified by showing a change of circumstances.  However, the parties can agree in their Marital Settlement Agreement to limit the modification of the divorce order, except as it relates to child custody, child support, and visitation.  Even if this limitation on modification is in place, either party can vacate the marital settlement agreement and divorce order if they can show by "clear and convincing evidence" that the agreement was unconscionable.   Our DuPage Divorce attorneys will make every effort to favorably resolve as many of the issues in your case as possible in order to make your divorce cost-effective.  

Read an article by our DuPage County Divorce Attorneys about Marital Settlement Agreements.

Further Reading from our

DuPage Divorce Attorneys

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