Divorce Legal Process

What You can Expect in Your Divorce Case with O’Flaherty Law - Your Path, Our Process

STEP 1

Initial Consultation

We begin with a confidential consultation over the phone. Virtual or in-person options are also available, but phone consultations allow us to more quickly and efficiently explore your legal matter. Depending on the complexity of your situation and how quickly you need legal services, we may suggest a 15- or 30-minute consultation. Your divorce legal team will explain what’s next and give you an initial attorney retention agreement (ARA) quote.

What you may need for your consultation:

Any court papers or legal notices
A summary of your financial situation
A list of questions or concerns

STEP 2

Strategy and Case Planning

Once you retain us, we'll get started on your case. You’ll receive a welcome call from your legal team, and we’ll start gathering all the relevant case documents and information. We may be communicating with you frequently during this time.

Whether you’re looking for a peaceful resolution or need strong advocacy in court, our team approach ensures you're supported from all angles. We’ll clearly communicate timelines, potential costs, and keep you informed at every stage.

We work closely with you to:

Set goals for parenting time, spousal support, and asset division
Evaluate negotiation versus litigation options
Keep you prepared for what’s ahead

STEP 3

Filing and Documentation

We’ll handle all the filings with the court to initiate or respond to divorce proceedings. Our team will draft and review all necessary documents with you to ensure accuracy and alignment with your goals.

This includes:

Divorce petition or response
Financial affidavits
Parenting agreements (if applicable)
Discovery and disclosure documentation
You’ll never be left guessing—we’ll walk you through every form and deadline.

STEP 4

Final Judgment and Post-Divorce Support

Once the judge has officially handed down the final orders, you and the other party must uphold those orders, or you may face legal or criminal consequences. We will make sure you fully understand the judge’s decision and make suggestions on any additional items you need to complete such as financial account changes, names changes, or child support setups.

We also offer continued support for post-decree modifications if your situation changes down the road. You’re not just a case number to us—you’re a client for life.

STEP 5

Negotiation, Mediation, or Court

While every divorce is unique, there are three “types” of divorce. Contested, Mediated, and Uncontested. After filing, the remaining steps involved in your divorce are determined by which of the 3 types of divorce you have AND if any children are involved. While we can’t cover them all here, we can give you a general overview.

A contested divorce will likely involve the following:

Negotiating temporary orders to determine who lives where and what happens to shared property
A guardian ad litem joins the case, and a custody evaluation may be performed. These help establish child custody, where the children live, and temporary child support.
We guide you through court ordered mediation and further negotiations with the opposing party. This is where many of the long-term divorce agreements will be worked out.

If both parties can’t come to an agreement on all matters, then we move into the pretrial conference. The judge gets involved but there is still a chance to settle the divorce here and avoid a trial.

If continued negotiations fail, then we head towards a full trial where arguments from both sides are laid out and the judge makes their final decision on custody, support, and any other items that couldn’t be agreed upon.

STEP 6

Closing Our Your File

We will complete the closing out process for your file, provide you with a feedback survey so we can understand what worked well and what didn’t, and refund any remaining balance on your retainer.

STEP 7

STEP 8

STEP 9

STEP 10

How We Helped "Samantha D." Achieve a Peaceful Resolution and Protect Her Future

A Real Client, A Real Challenge

Person: Here we tell the story of “Evelyn F.” whose name and case details have been altered to preserve anonymity. We hope this case study gives you an idea how our firm works and the results that we strive for. This case wasn’t perfect, and very few are.

Whether you’re looking at an amicable divorce or you hate your spouse’s guts, there are procedures and process that should be followed every time. Attention to detail and open communication make all the difference.

The Client, the Legal Problem, and The Attorney

Person: Evelyn D was a Naperville resident that reached out to us like many of our clients do - after finding us on the internet. She informed our Intake staff that her marriage had been deteriorating for some time and her husband had started talking about setting up their financials in such a way that she wouldn’t receive anything if they ever separated. Naturally, she was concerned. Adding to the stress, they shared 2 children.

Beyond the worry of financials and a likely impending divorce, her primary concern was the wellbeing of her children and understanding how the custody and child support process would go. She wanted a fair parenting plan and a support agreement that would allow her and her kids to maintain at least a semblance of their current lives after the divorce.

Enter attorney James Dickinson and the O’Flaherty Law team. Attorney Dickinson reassured Evelyn that our team has handled many divorce cases like hers in the past. We were able to give her an initial set of expectations knowing that a contested divorce with children and disputed property division could become complicated, but we had a game plan unique to her case that was also based on our many past successes.

Key Facts:

Let’s review the key facts of Evelyn’s case so far:

Client Type: Parent of two minor children
Legal Issue: Contested divorce with custody and property division
Jurisdiction: DuPage County, IL
Timeframe: September 2024 – February 2025
Complications: Spouse’s financial actions prior to divorce filing

Our Legal Strategy

Person: Every case is unique, but the structure of a case should follow a systemic approach. That system, tested and refined over time, is what allows our law firm to work efficiently and effectively on our cases right away. Afterall, how would you feel if you were going into surgery and the doctor told you, “I’ve done a thousand of these, but today I think I’m going to try something new...” We applied a tried-and-true legal process to Evelyn’s divorce but made sure to consider all the unique variables her case presented. At the heart of that process is empathy and understanding, but also the assertiveness needed to get results.

Here’s a sneak peak of Evelyn’s divorce case process:

Filing for temporary custody orders to ensure immediate stability
Ironing out a parenting plan that emphasized consistency for the children
Investigating their financial history to make sure everything was transparent
Guiding Evelyn through mediation to reduce court time and stress
Coming to an agreement that would allow Evelyn to move forward with her life

In about six months, Evelyn had a finalized divorce with joint parenting agreement giving her primary residential custody with a flexible schedule that for her ex-spouse. She remained in the marital home with plans to downsize to nearby neighborhood in the same school district. Should also received her fair share of spousal support and future retirement and investment accounts.

Why It Mattered

AI: Samantha’s case shows how a thoughtful legal strategy can protect both the emotional and financial interests of a parent during divorce. Our team prioritized:

Keeping the kids’ best interests at the center of every decision
Reducing unnecessary conflict through clear, focused negotiation
Making sure our client never felt lost or alone in the process

Could Your Situation Be Similar?

AI: Going through a divorce is tough, but you don’t have to go through it alone. Whether you’re worried about custody, support, or dividing assets, we’re here to guide you with compassion and clarity.

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