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Naperville Family Law Attorneys | Divorce Lawyers, Naperville IL

Naperville Family Law Attorneys | Divorce Lawyers, Naperville IL

We understand that legal matter involving family can be stressful and difficult for everyone involved. This is why our Naperville family law and 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.

Why O'Flaherty Law for My

Family Law & Divorce

Matter?

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

Serving Illinois, Iowa, & Indiana:


We serve Iowa in Scott County and the Quad cities with our location in Davenport.

With Locations in:

Schedule a Free Consultation With Our

Naperville Family Law Attorneys

family law attorney naperville illinois

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

Naperville Family Law Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Naperville

1515 Legacy Circle Ste. 1A
Naperville
,
IL
60563
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 - Friday
After 5 pm by Appointment
11 am - 3pm Saturday & 11 am - 2 pm Sunday by Appointment

O'Flaherty Law, Illinois attorneys, Iowa attorneys

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.

Click here for Videos, Podcasts, and Articles by our Naperville Divorce Lawyers Family Law Attorneys

naperville child custody lawyer

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

naperville divorce lawyer

Illinois Legal Separation Versus Divorce

In this article, we explain Illinois legal separation versus divorce and unpack the following questions: What is a legal separation?, In Illinois, why would someone choose legal separation versus divorce?, What are the benefits of legal separation versus divorce?, What is a separation agreement?, and How long does a separation agreement last in the State of Illinois?

Read More

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

Immigrant and Non-Immigrant Visa Petitions

In this article, we will discuss immigrant and non-Immigrant visa petitions and answer the following questions: what is an immigrant visa?, what are the various categories of immigrant visas?, what is a non-immigrant visa?, and what are the most common non-immigrant visa categories?


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

How long does a non immigrant visa take to process?

Immigrant and Non-Immigrant Visa Petitions

In this article, we will discuss immigrant and non-Immigrant visa petitions and answer the following questions: what is an immigrant visa?, what are the various categories of immigrant visas?, what is a non-immigrant visa?, and what are the most common non-immigrant visa categories?


Read More

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.

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 Family Law Attorneys