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No two divorces are the same. Some spouses agree on the major issues and can move toward an uncontested divorce, whereas others disagree over property, parenting time, child support, maintenance, or other important issues. Illinois is a no-fault divorce state. Divorce is based on the fact that there are irreconcilable differences, not that one spouse caused the marriage to end. Our Bloomington divorce lawyers can help you understand what issues need to be decided and work toward a result that protects your interests.
An uncontested divorce can often be more efficient when both spouses can agree on the major terms of their separation. However, if there are disagreements, a divorce can become contested and involve negotiation, discovery, court hearings or, ultimately, a trial. Although you may be planning on having an amicable divorce, it is important to understand the long-term consequences of decisions you make regarding property, debt, parenting responsibilities, support and maintenance. O’Flaherty Law collaborates with clients to identify possible problems early and craft a practical strategy that fits their priorities.
It’s not like divorce is the only option for spouses who no longer want to live together. Illinois also allows spouses who live separate and apart to file for legal separation. A legal separation does not terminate the marriage legally as a divorce does, but it can be a way to legally resolve some financial and family matters while the spouses are still married. If you are facing the choice of divorce or separation, or if you aren’t sure which option is right for you, our Bloomington family law team can help explain the difference and help you decide what to do next.
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The purpose of a 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.
207 W. Jefferson St STE 313
Bloomington, IL 61701
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Not necessarily. Illinois does not generally require spouses to live apart for a set amount of time before a divorce case can be filed. If spouses have lived separate and apart for at least six continuous months before the divorce judgment, Illinois law creates an irrebuttable presumption that the irreconcilable-differences requirement has been satisfied. Your attorney can explain how the rule applies to your circumstances.
Your spouse generally cannot prevent a divorce indefinitely simply because they do not want one. If the parties cannot agree on issues such as property division, parenting responsibilities, support, or maintenance, the divorce may proceed as a contested case. The court can ultimately decide unresolved issues after the required legal process.
Some spouses choose legal separation because they are not ready to permanently end the marriage but still want formal arrangements while living apart. Personal, financial, insurance, or other considerations may influence that decision. Because legal separation does not terminate the marriage, a legally separated person cannot remarry unless a divorce is later obtained. An attorney can help you compare the consequences of separation and divorce before deciding which option better fits your situation.