Naperville Family Law Attorney | Divorce Lawyer, Naperville IL

Naperville Family Law Attorney | Divorce Lawyer, Naperville ILnaperville divorce attorney

We understand that legal matter involving family can be stressful and difficult for everyone involved. This is why our Naperville divorce attorneys will help make this process as smooth as possible. We take pride in our commitment to our clients, affordable rates, and focus on your best interest.

We understand that legal matter involving family can be stressful and difficult for everyone involved. This is why our Naperville divorce attorneys will help make this process as smooth as possible. We take pride in our commitment to our clients, affordable rates, and focus on your best interest.

Your Community Law Firm

Why O'Flaherty Law for My

Family Law and Divorce

Matter?

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

  • We Are Proven Advocates!  We are proud of the experience,skills, and expertise of our Naperville Divorce Lawyers & Naperville Family Law Attorneys.  We consistently achieve the best possible outcome from our clients.  Just take a look at our clients' testimonials.  We have also been recognized by many industry experts for our proficiency in Divorce law specifically.  O'Flaherty Law was ranked one of the 10 Best Attorneys for Client Satisfaction in 2016 by the American Institute of Family Law Attorneys.  We received Avvo's 2016 Clients' Choice Award for Divorce.  We have an A+ Rating with the better business bureau, with zero complaints.  You can also check out this article written about Kevin O'Flaherty when he received Suburban Life Magazine's Best Under 40 Award for 2015.  
  • We Are Cost-Effective!  If you hire the wrong attorney for your Divorce, the process can be incredibly expensive.  Our Naperville divorce attorneys work efficiently to win you the results you want in an affordable manner.  We keep a close eye on expenditures and communicate realistic expectations regarding the cost of accomplishing your goals before you hire us.  We never want you to be surprised by a legal bill.  Our goal is to have you walk away feeling great about your representation . . . that is hard to do if you have monstrous unexpected legal bills.  
  • Our Naperville Divorce Attorneys Work As A Team!  Our Divorce Attorneys all have extensive experience which they bring to bear as they collaborate on your case.  They also rely on the experience of other attorneys at our firm with skills in other practice areas when other areas of law come into play in your divorce, which they often do.  Firms without a team of attorneys with experience in different practice areas are operating with a blind spot when other issues arise in the divorce, such as bankruptcy, business representation, estate planning, guardianship, and litigation.  As a firm, our Naperville attorneys are experienced in all of these practice areas, giving you an advantage. We Are Your Shoulder To Lean On!  Divorce is inevitably an emotional time involving unexpected emergencies.  Our attorneys are accessible and reachable day and night.  We are compassionate as we educate and guide you through the process.  You will not be alone, because we will be by your side as your advocate.  

Some of Our Accomplishments

Schedule a Consultation With Our

Naperville Divorce & Family Law Attorneys

naperville divorce attorney

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.  ​​​

naperville divorce lawyer

Naperville

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

(331)330-7466

naperville@oflaherty-law.com

If meeting at our Naperville office is not convenient for you, our friendly Naperville attorneys are happy to meet with you by phone, meet with you in your home, or at any other location convenient to you, including our Downers Grove or Elmhurst offices.

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 attorney naperville illinois

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 Naperville DIvorce Lawyers & Naperville Family Law Attorneys

divorce lawyer naperville il

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
naperville 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

Recent Changes to Illinois Child Support Laws

naperville divorce attorney

Naperville divorce attorney Kevin O'Flaherty discusses upcoming changes to Illinois Child Support Laws in 2017.

family law attorney naperville illinois

In this article, our Illinois family law attorneys explain recent changes to Illinois child support law. On July 1,2017, child support guidelines changed and now child support is based on an “income shares” model. This model instructs the court to refer to economic tables which will be put forth by the Illinois Department of Healthcare and Family Services to determine how much money would be allocated for the care of the child if a similarly situated couple were living together based on the combined income of the couple, the cost of living, and the number of children. Based on the relative incomes of the parents this may cause some parents to pay more and some to pay less in child support than under the previous law.  ​

‍However, the new law does treat child support differently in “shared parenting” situations. Shared parenting means that each parent has 146 overnights with the child a year. Time spent with the child will factor into much child support the non-custodial parent is responsible for. The more time the less child support obligations will be, time spent does not become a factor however until the 146 overnights requirement is met.

Read more about changes to the child support laws from our Naperville divorce attorneys.

Recent Changes To Illinois Divorce Law

In this article, our Illinois divorce attorneys explain recent changes to Illinois family law. In 2016 Illinois divorcee law changed in order to reduce the likelihood of disputes and make the divorcee process more modern. Listed below are a few of the more important revisions made to the Illinois Marriage and Dissolution of Marriage Act:

  • Parental Responsibility and Custody: “Custodial parent” and “non-custodial parent” are terms that are no longer being used instead the court now determines the “allocation of parental time and responsibility.” This was done in order to soften the blow on the parent who has less time with the child as the “non-custodial” parent in the hopes that it would reduce disputes. Along with the terminology changing responsibilities for major decisions are now divided up into four categories. They shall be divided up amongst the two parties they are; medical decisions, educational decisions, extra-curricular decisions and religious decisions.
  • Parental Relocation: Before 2016, the custodial parent was able to move anywhere in the state of Illinois without a court order, but needed court approval before moving out of state. The new law states that the parents can move within 25 miles in or out of state without the approval of the court. Outside of the Chicagoland area, parents are allowed to move within 50 miles without the approval of the court unless it is an out of state move.
  • Grounds for Divorce: Before 2016, grounds for divorce were varied they were either irreconcilable differences or more specific statutory grounds such as substance abuse or adultery. The waiting period in which couples had to live apart and separate was longer if the grounds for divorce was irreconcilable differences. In 2016, the law changed so that the only grounds for divorce in Illinois is irreconcilable differences. The parties must live apart and separate for a period of six months before divorcing. This requirement may be waived should the parties agree that it is for the best.

Read the full article by our Naperville divorce lawyers explaining recent changes to Illinois family law.

Naperville family law attorney Kevin O'Flaherty discusses the changes in 2016 to Illinois divorce law.

family lawyer naperville il

In this article, our Illinois divorce attorneys explain recent changes to Illinois family law. In 2016 Illinois divorcee law changed in order to reduce the likelihood of disputes and make the divorcee process more modern. Listed below are a few of the more important revisions made to the Illinois Marriage and Dissolution of Marriage Act:

  • Parental Responsibility and Custody: “Custodial parent” and “non-custodial parent” are terms that are no longer being used instead the court now determines the “allocation of parental time and responsibility.” This was done in order to soften the blow on the parent who has less time with the child as the “non-custodial” parent in the hopes that it would reduce disputes. Along with the terminology changing responsibilities for major decisions are now divided up into four categories. They shall be divided up amongst the two parties they are; medical decisions, educational decisions, extra-curricular decisions and religious decisions.
  • Parental Relocation: Before 2016, the custodial parent was able to move anywhere in the state of Illinois without a court order, but needed court approval before moving out of state. The new law states that the parents can move within 25 miles in or out of state without the approval of the court. Outside of the Chicagoland area, parents are allowed to move within 50 miles without the approval of the court unless it is an out of state move.
  • Grounds for Divorce: Before 2016, grounds for divorce were varied they were either irreconcilable differences or more specific statutory grounds such as substance abuse or adultery. The waiting period in which couples had to live apart and separate was longer if the grounds for divorce was irreconcilable differences. In 2016, the law changed so that the only grounds for divorce in Illinois is irreconcilable differences. The parties must live apart and separate for a period of six months before divorcing. This requirement may be waived should the parties agree that it is for the best.

Read the full article by our Naperville divorce lawyers explaining recent changes to Illinois family law.

How To File A Petition For Divorce

Naperville family law attorney 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.

naperville divorce attorney
naperville child custody lawyer

In this article, our Illinois family law attorneys explain how to file a petition for divorce in Illinois. A divorce proceeding is initiated by filing a Petition for Dissolution of Marriage with the court.  The petition requests that the court enter judgment regarding marital issues such as the custody and care of minor children, the division of assets and debts, and any additional matters that the parties must resolve.There are several key points that must be included in the divorce petition:

  • Background information regarding the parties;
  • Background information regarding the marriage;
  • Information regarding the children of the marriage;
  • A broad overview of marital assets and liabilities; and
  • Proof that the venue is proper and that the court has jurisdiction.  The petitioner must show that the case was brought in the county where one of the spouses resides.
  • The petition must state that both spouses have lived in Illinois as their primary residence for more than 90 days.

 More on Petitions for Dissolution of Marriage by our Naperville divorce lawyers.

Child Support Explained

Naperville divorce lawyer Kevin O'Flaherty explains changes to Illinois child support laws coming on July 1, 2017.When parents get divorced or cease living together, the custodial parent is entitled to support from the non-residential parent.The Illinois Marriage and Dissolution of Marriage Act gives a state minimums for percentages of net income to be awarded as child support obligations as follows:

  • one child: 20% of net incometwo children: 28% of net incomethree children: 32% of net incomefour children: 40% of net incomefive children: 45% of net incomesix or more children: 50% of net income
  • "Net income" means income after the following items are deducted:
  • taxes,social security,retirement contributions,health insurance, and several other deductions permitted under state statute.

​The court may award child support in excess of the state minimums if it is found to be in the "best interest of the child," based on several factors:

the financial needs of the child;the financial responsibilities and needs of both the residential and non-residential parent;the physical, emotional and educational needs of the child; and the standard of living the child would have enjoyed had the parents not divorced.

Child support may be modified based on a showing of change in circumstances. Child support terminates upon the later of: (1) the child reaching eighteen, or (2) the child graduating from high school. Read more on Child Support in Divorce. ​​

Read the full article by our Naperville divorce attorneys explaining Illinois child support.

What Factors do Divorce courts consider when determining child custody issues?

In this article, our Naperville family law attorneys explain factors that courts consider in determining the allocation of parenting time and responsibility. The statutory factors that the IMDMA references are:

  • The child's wishes; 
  • The parents' wishes; 
  • The relationships and interactions between the child and each parent and between the parents themselves; 
  • The child's adjustment to his or her home, school, and community; 
  • The child's and parent's health, both mental and physical; 
  • Previous abuse to the child or any other individual; 
  • The ability of the parents to cooperate with one another; 
  • Each parent's living situation; and
  • The sex offender status of each of the parents.

The courts are not limited to these factors listed in the IMDMA in determining the best interests of the child.  Other factors that courts have previously considered are:

  • The parents' and child's ethincity & religion; 
  • The availability and work schedules of each parent; 
  • Whether one parent has intentionally interfered with the other parent's relationship with the child; 
  • Whether one parent has made abuse allegations that have been proven false; 
  • A parent's cohabitation with a person of the opposite sex; 
  • Whether either of the parents engages in substance abuse; 
  • Whether the parent seeking custody is a natural parent or adoptive parent.

Divorce courts have very broad discretion to determine the "best interest of the child."  Appeals from the trial court's decisions on child custody issues are therefore rarely granted. ​​

Read the full article by our Naperville divorce lawyers explaining Illinois child custody.  

How Are Assets Divided In Divorce? 

​Not all property is eligible for division between spouses by the Divorce Court.  Our experienced Naperville divorce attorneys will educate you on what to expect with respect to property division in your divorce.  Property that May Be Divided in Divorce.

The following types of property may be divided by the divorce court (note that this is not an exhaustive list):

Real estate; Vehicles;Furniture; Financial accounts, stock accounts, savings accounts, and checking accounts; Retirement accounts and pensions; andShares of corporations, LLCs and other businesses. 

Non-Marital PropertyThe following types of property are not considered to be marital property, and therefore will not be subject to division in a divorce:

Gifts and inheritances; Assets acquired after legal separation;Property excluded from the marital estate by written agreement of the spouses;Assets recieved as a result of a judgment awarded to one spouse against the other; Asssets acquired by either spouse before the marriage;Appreciation in value, income, or interest on non-marital property, so long as such income is not attributable to the personal efforts of the other spouse. 

Factors Courts Consider in Dividing Marital AssetsIllinois is an equitable property state, as opposed to a community property state, which means that courts will order an equitable division of marital assets based on the following factors.

 The following is considered non-marital property:

  • Property acquired by gift, legacy, or descent;
  • Property acquired in exchange for property acquired by gift, legacy, or descent; Property acquired after judgment of legal separation;
  • Property excluded by valid written agreement of the parties;
  • Any judgment or property obtained by judgment awarded to one spouse from the other spouse;
  • Property acquired before the marriage;
  • Any increase in value of the above-listed property; and
  • Any income from the above-listed non-marital property, as long as the income is not attributable to the personal effort of a spouse.

Although an equitable division of the marital estate is considered on a case-by-case basis, the court is prohibited from considering marital misconduct when dividing the marital estate.  Property will be divided fairly without the court acknowledging the transgressions of either spouse.

Further Reading from our

Naperville Divorce & Family Law Attorneys

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