Elmhurst Family Law Attorney | Divorce Lawyers, DuPage County IL

Elmhurst Family Law Attorney | Divorce Lawyers, DuPage County ILelmhurst divorce lawyer

Our experienced Elmhurst divorce attorneys and staff will be your aggressive advocates while working to keep your case efficient and affordable. We were named one of the 10 Best Attorneys for Client Satisfaction for 2016 by the American Institute of Family Law attorneys, and were also a recipient of the Avvo Client's Choice Award in 2016 for Divorce. We are accessible, client focused, and excellent at what we do, exercising every option under the law to protect your rights and achieve the most favorable possible outcome to your case.

Our experienced Elmhurst divorce attorneys and staff will be your aggressive advocates while working to keep your case efficient and affordable. We were named one of the 10 Best Attorneys for Client Satisfaction for 2016 by the American Institute of Family Law attorneys, and were also a recipient of the Avvo Client's Choice Award in 2016 for Divorce. We are accessible, client focused, and excellent at what we do, exercising every option under the law to protect your rights and achieve the most favorable possible outcome to your case.

Your Community Law Firm

Why O'Flaherty Law for My

Family Law and Divorce

Matter?

In this video, Elmhurst divorce attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your family law matter.

  • We are Excellent at What We Do!   Our Elmhurst divorce attorneys and Elmhurst family law lawyers were honored to be named one of 2016's 10 Best Attorneys for Client Satisfaction, by the American Institute of Family Law Attorneys and to be the recipient of the 2016 Avvo Client's Choice Award for Divorce. Our attorneys are experienced advocates for our clients, and we will do everything in our power to get the best result possible for you.
  • We are Affordable!  Divorce is difficult enough without a mountain of legal fees.  We will aggressively represent you in an efficient manner in order to minimize the expense of your representation.  We also work with you to manage these expenses.  If you can find a more affordable fee in our area, we would like to hear about it!
  • We are Comprehensive!  In addition to our dedicated family law & divorce attorneys, we have several other attorneys with focuses on nearly every area of law, working together as a team to serve your needs.  When your divorce overlaps with business, real estate, bankruptcy, or estate planning, we have the expertise in-house to handle your case comprehensively.  
  • We are Accessible!  You have an emergency when our office is closed?  No problem!  Calls route directly to Kevin O'Flaherty's cell phone during off hours to make sure your needs are taken care of day or night. 
  • Your Case Matters to Us!  We have the man-power of a large firm, but the client service of a small firm.  We truly care about each of our clients and will give you the personalized service that you deserve.   We will fight to get you the best possible result, and be the helping hand you need to start your new life. 

Some of Our Accomplishments

Schedule a Consultation With Our

Elmhurst Divorce & Family Law Attorneys

elmhurst divorce lawyer

To schedule a free consultation at our offices in

Downers Grove,

Naperville,

Elmhurst,

Lake in the Hills,

Tinley Park, and

St. Charles

:

If our office locations are not convenient for you, we are happy to meet with you anywhere in Chicagoland that you find convenient.  

We are also happy to speak with you by phone.  ​​​

divorce attorney elmhurst illinois

Elmhurst

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

(331)253-4060

elmhurst@oflaherty-law.com​

If meeting at our Elmhurst office is not convenient for you, we are happy to meet with you by phone, meet with you in your home or any other location convenient to you.

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

divorce lawyer elmhurst il

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 Client's 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.

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."
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 Elmhurst Divorce Lawyers & Elmhurst Family Law Attorneys

elmhurst family law attorney

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

Will Dating While My Divorce is Pending Affect the Outcome?

We examine whether dating during a #divorce impacts the outcome of the divorce. We look at the emotions involved, parental responsibilities, and issues that dating during a divorce can cause in negotiating a settlement.

We examine whether dating during a divorce impacts the outcome of the divorce.  We look at the emotions involved, parental responsibilities, and issues that dating during a divorce can cause in negotiating a settlement.

Read More
elmhurst family lawyer

We examine whether dating during a divorce impacts the outcome of the divorce.  We look at the emotions involved, parental responsibilities, and issues that dating during a divorce can cause in negotiating a settlement.

Read More

Timeline of a Divorce Case

elmhurst divorce lawyer

Elmhurst divorce lawyer Kevin O'Flaherty of O'Flaherty Law discusses the elements of a petition for dissolution of marriage, including the grounds for dissolution, statement of proper venue, and background regarding each spouse, the marriage, and children

family law attorney elmhurst illinois

In this article, our Naperville family law attorneys explain the timeline of a divorce case:

  1. Petition for Dissolution of Marriage - In order to initiate a divorce proceeding, one spouse will file a Petition for Dissolution of Marriage.   In this divorce petition, the petitioner will establish that the case has been filed in the proper venue, lay out some background on the parties, their marriage, their assets & income, and their children, and request that the court decide issues of child custody, division of property, spousal support & maintenance, and child support.  The petition will be served by personal service upon the other spouse (the respondent), along with a Summons requiring the respondent to appear in court at the initial court date (called the Return Date).  Read more about Petitions for Dissolution of Marriage.
  2. Response - After being served with the divorce petition, the respondent will file a Response, stating his or her positions on the major issues to be resolved in the case.  
  3. Discovery - Next, the parties will exchange documents and information regarding income, assets, and liabilities, through their divorce attorneys.  
  4. Settlement Negotiations - After reviewing the financial information provided by both sides, the parties' divorce lawyers will attempt to resolve as many issues as possible out of court through settlement negotiations.  A successful settlement can save the parties significantly in the attorney fees that would be required should the case go to trial.  If there are remaining issues after the divorce attorneys' best efforts at settlement, the parties may undergo a mediation or a pre-trial settlement conference, wherein a third-party attorney mediator or the judge will attempt to assist the parties in resolving any outstanding issues.   
  5. Marital Settlement Agreement & Joint Parenting Agreement - If settlement is successful, the parties will sign a Marital Settlement Agreement which will resolve all of the financial issues in the case, and, if the couple has children, a Joint Parenting Agreement, which resolves custody and visitation issues.   The parties' divorce attorneys will file these documents with the court, and a final hearing will be held, at which the court will approve the Marital Settlement Agreement and Joint Parenting Agreement and enter an Order of Dissolution, dissolving the marriage and incorporating the agreements of the parties to resolve the property and child issues involved in the case. 
  6. Trial - If settlement negotiations fail, and the parties are unable to enter into a Marital Settlement Agreement and Joint Parenting Agreement, then a trial will be necessary.  At trial, the court will decide any disputed issues in the case before entering an Order of Dissolution. 

Read more from our Elmhurst divorce lawyers.

Changes To Illinois Divorce Laws In 2016

In this article, our Naperville family law attorneys explain recent changes to Illinois divorce and family law. There have been many changes to Illinois divorce law that became effective in 2016.  The purpose of these changes was to reduce the potential for disputes and to update Illinois divorce law in light of modern parenting realities.  Below is a brief summary of the most important changes.  

Grounds for Divorce

Prior to 2016 there were 11 grounds for divorce in Illinois, such as irreconcilable differences, adultery, impotence, or habitual drunkenness.  The waiting period during which couples were required to live separate and apart varied depending on whether the grounds for divorce were irreconcilable differences or one of the more specific grounds.  

As of 2016, the specific grounds for divorce have been done away with, leaving only reconcilable differences.  The waiting period is also less strict.   The parties no longer need to live separate and apart prior to filing for divorce if both spouses agree to waive this requirement.  If both spouses do not agree, they must live separate and apart for 6 months prior to filing for divorce. ​​

Custody and Visitation Rights

Parents are no longer referred to as a "custodial parent" or "non-custodial parent" and the court will no longer assign "visitation rights."  Instead, the parties and the divorce court operate in terms of "allocation of parenting time and responsibility."  Parental responsibility is divided into four categories: medical, religious, education, and extra-curricular.  The responsibility of making decisions in each of these four categories is divided among the parents by agreement or by the court.  

Relocation of a Parent

Prior to 2016, the custodial parent was permitted to relocate anywhere in the state of Illinois without a court order, but leave of court was required to move out of state.  The new law deals less with state lines and focuses more on distance.  Parents are now permitted to move anywhere within 25 miles without leave of court.  Relocation of 25 miles or greater require a court order.  Parents living outside of the Chicago Metropolitan area are permitted to move 50 miles in-state without a court order.  

Read the full article by our Elmhurst family law attorneys explaining recent changes to Illinois divorce law.

Elmhurst Divorce lawyer Kevin O'Flahertydiscusses the changes in 2016 to Illinois Divorce Law

family lawyer elmhurst illinois

In this article, our Naperville family law attorneys explain recent changes to Illinois divorce and family law. There have been many changes to Illinois divorce law that became effective in 2016.  The purpose of these changes was to reduce the potential for disputes and to update Illinois divorce law in light of modern parenting realities.  Below is a brief summary of the most important changes.  

Grounds for Divorce

Prior to 2016 there were 11 grounds for divorce in Illinois, such as irreconcilable differences, adultery, impotence, or habitual drunkenness.  The waiting period during which couples were required to live separate and apart varied depending on whether the grounds for divorce were irreconcilable differences or one of the more specific grounds.  

As of 2016, the specific grounds for divorce have been done away with, leaving only reconcilable differences.  The waiting period is also less strict.   The parties no longer need to live separate and apart prior to filing for divorce if both spouses agree to waive this requirement.  If both spouses do not agree, they must live separate and apart for 6 months prior to filing for divorce. ​​

Custody and Visitation Rights

Parents are no longer referred to as a "custodial parent" or "non-custodial parent" and the court will no longer assign "visitation rights."  Instead, the parties and the divorce court operate in terms of "allocation of parenting time and responsibility."  Parental responsibility is divided into four categories: medical, religious, education, and extra-curricular.  The responsibility of making decisions in each of these four categories is divided among the parents by agreement or by the court.  

Relocation of a Parent

Prior to 2016, the custodial parent was permitted to relocate anywhere in the state of Illinois without a court order, but leave of court was required to move out of state.  The new law deals less with state lines and focuses more on distance.  Parents are now permitted to move anywhere within 25 miles without leave of court.  Relocation of 25 miles or greater require a court order.  Parents living outside of the Chicago Metropolitan area are permitted to move 50 miles in-state without a court order.  

Read the full article by our Elmhurst family law attorneys explaining recent changes to Illinois divorce law.

Recent Changes to Child Support Law

Elmhurst divorce attorney Elmhurst Divorce & Family Law Attorney Kevin O'Flaherty describes the changes to Illinois child support laws that have come into effect on July 1, 2017.

elmhurst divorce lawyer
elmhurst child support lawyer

In this article, our Naperville divorce lawyers explain recent changes to Illinois child support laws. On July 1, 2017 changes to the Illinois Marriage and Dissolution of Marriage Act went into effect, which reformed the way child support is calculated in Illinois. You can read about the current child support law here.  

‍Under the new "income shares" model for child support, the divorce court now uses economic tables to come up with a base figure necessary for the care of a divorcing couple's child.  These tables take into account several factors, such as the combined income of the parents, the cost of living based on locality, and the number of children for which the parents are responsible.  The amount of this figure that each parent will be responsible for will depend on each parent's income or potential income relative to the income of the other parent.  

In "shared parenting" situations, child support is calculated differently.  A "shared parenting situation" exists when each parent has the child for at least 146 overnights per year.  In a shared parenting situation, the base amount of total child support is multiplied by 1.5, meaning that the total amount to be allocated to child support by both parents will increase.  In addition, in shared parenting situations, the relative income of each parent is not the only factor in determining how this base child support amount is to be divided.  The court will also consider the relative amount of time that each parent has the child.  A greater amount of time spent with the child will serve to reduce your share of the child support obligation.  

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

Divorce in Illinois: Jurisdiction & Venue

In order for an Illinois court to hear a divorce case, the petitioner must show that the court has jurisdiction to hear this manner.  Illinois courts have jurisdiction over divorce cases if either spouse currently resides in Illinois and has done so for the past 90 days.  An individual resides in Illinois if Illinois is his or her primary home.  The case can be filed in the county in which either spouse lives.  This is called the venue. ​

What Factors do divorce courts consider in determining child custody issues?

Elmhurst divorce attorney, Kevin O'Flaherty explains the factors that courts consider in determining child custody issues. 

Read our Article on Factors Courts Consider in Determining Child Custody Issues

Maintenance Awards in Divorce

Elmhurst  divorce attorney, Kevin O'Flaherty, explains the factors that courts consider when awarding maintenance awards in divorce.​Our 12 Part Series on Factors Courts Consider in Determining Maintenance Awards in Divorce Cases

The Income of Each Party  

The Needs of Each Spouse After the Divorce  

The Earning Potential of Each Spouse After the Divorce Whether Sacrifices for the Marriage Caused Either Spouse to Forego Career or Education Opportunities 

The Length of Time Needed for the Spouse Seeking Maintenance to Obtain Training​​

 Standard of Living How Long the Marriage Lasted

Age and Health of Each Party Tax Consequences

Contributions to the Other Parties Career or Education Any Valid Contract Between the SpousesAny Other Just and Equitable Factor as Determined by the Court 

Check Out These Great Articles By Our Elmhurst Divorce Lawyers

In this episode we discuss when Illinois Court Ordered Parenting is applicable and what purpose it serves. Court ordered parenting classes make sure that your children's best interests are taken into account.

Illinois Family Mediation Explained | Illinois Divorce Mediation | Child Custody Mediation In IllinoisChanges To Illinois Divorce Law for 2016 

How To Determine Child Support Jurisdiction | Illinois Child Support LawHow Do Maintenance Payments Affect Child Support Obligations Under Illinois' 2017 Child Support Law

Changes to Illinois Child Support Laws for 2017Child Support Income Shares Guidelines | 2017 Illinois Child Support Economic Guidelines

Dissipation and Contribution | Illinois Divorce Law 2017Allocation of Parenting Time And Responsibility Explained | Illinois Child Custody 2017 

Illinois Child Support Law 2017:  How Are Non-Minor Educational Expenses And Parental Resources Calculated for Illinois Child Support ​​

 How is Child Support Calculated For Multiple Families In Illinois?How Is Illinois Child Support Calculated For Overtime, Bonuses And Varying Income?

​​Illinois Child Support Modification ExplainedIf My Ex Gets Remarried Will My Child Support Go Down? (Updated for 2017)

Illinois Spousal Maintenance ExplainedMarital Settlement Agreements Explained

Maintenance Awards in Divorce: Factors Courts ConsiderFactors Courts Consider in Determining Child Custody Issues

Child Support Explained

Filing a Petition for Dissolution of Marriage

Dividing Up the Marital Estate Upon Dissolution of MarriageIllinois Paternity Law Explained

Further Reading from our

Elmhurst Divorce & Family Law Attorneys

child custody elmhurst illinois