DuPage Divorce Attorney

Lisle Family Law Attorneys | Divorce Lawyers, Lisle IL

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.

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.

Your Community Law Firm

Why O'Flaherty Law for My

Family Law and Divorce

Matter?

In this video, our Lisle Divorce and Family Law attorney describes why O'Flaherty Law is the best choice for your family law matter.

  • ‍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. 

Some of Our Accomplishments

Schedule a Free Consultation With Our

Lisle Divorce & Family Law Attorneys

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

Lisle Divorce & Family Law Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Downers Grove

5002 Main Street, 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

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 Lisle Divorce & Family Law Attorneys

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

How to Enforce a Parenting Agreement in Illinois

In this article, we explain how to enforce an Illinois #ParentingTime agreement, how to file a petition to enforce parenting time, and the penalties for violating a parenting time order. #Divorce #ChildCustody #IllinoisDivorce #IllinoisCustody

In this article, we explain how to enforce a parenting agreement in Illinois. We discuss the ramifications of a party not complying with the terms of an allocation of parental responsibilities judgment under the Illinois Marriage and Dissolution of Marriage Act. While a party may think, “If I don’t exercise my parenting time, my ex-spouse will have more time with the children and therefore everyone wins,” the act of not exercising allotted parenting time can have various consequences ranging from financial penalties to loss of future parenting time. Those consequences are discussed herein.

Read More

In this article, we explain how to enforce a parenting agreement in Illinois. We discuss the ramifications of a party not complying with the terms of an allocation of parental responsibilities judgment under the Illinois Marriage and Dissolution of Marriage Act. While a party may think, “If I don’t exercise my parenting time, my ex-spouse will have more time with the children and therefore everyone wins,” the act of not exercising allotted parenting time can have various consequences ranging from financial penalties to loss of future parenting time. Those consequences are discussed herein.

Read More

How To File For Divorce In Lisle

Lisle Family Law Attorney, Lisle Divorce Lawyer, Lisle Family Law Lawyers, Lisle Divorce Attorneys

Lisle divorce attorney, Kevin O'Flaherty, discusses the process of filing for the dissolution of marriage.

Lisle Family Law Attorney, Lisle Divorce Lawyer, Lisle Family Law Lawyers, Lisle Divorce Attorneys

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. 

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.

Lisle divorce attorney, Kevin O'Flaherty, describes the factors courts consider when determining maintenance awards in divorce.

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.

Changes To Lisle Divorce Laws

Lisle divorce attorney, Kevin O'Flaherty, discusses the changes in Illinois divorce laws that occurred in 2016.

Lisle Family Law Attorney, Lisle Divorce Lawyer, Lisle Family Law Lawyers, Lisle Divorce Attorneys

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.

Further Reading from our

Lisle Divorce & Family Law Attorneys