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No two marriages end in the same way. In a non-contested divorce, spouses agree on issues such as property, debts, support, parenting responsibilities, and child support. Usually, their agreement is in writing and filed with the court for approval. If the spouses cannot agree on one or more issues, it is a contested divorce as negotiation, court hearings or even a trial may be needed.
Another option for spouses who want to live apart but not end their marriage is legal separation. It may permit the court to make support and maintenance awards while the spouses are still legally married. A legal separation does not bar either spouse from later filing for divorce. Our divorce lawyers in Des Plaines can explain the differences to you and help you determine a strategy that aligns with your goals.
An Illinois divorce can be much more than the end of a marriage. The court may have to deal with marital property, debts, maintenance, child support and allocation of parental responsibilities. After considering the contributions of each spouse, financial circumstances, needs, and opportunities to acquire future income or assets, Illinois courts divide marital property in “just proportions” . This is not always an equal division.
O’Flaherty Law helps clients identify key assets, evaluate financial information and develop workable solutions. When children are involved, we also assist parents in pursuing arrangements that protect their relationship with their children, while addressing decision-making responsibilities, parenting time and support.
Even when a divorce starts with disagreement, it can be settled by negotiation. Agreeing can give spouses more control over the outcome, and can reduce the time, expense and stress involved. If a fair agreement cannot be made the court can make a decision on the other matters.
O’Flaherty Law is a straight shooter and has a strategy based on your priorities. We can help with uncontested divorces, contested actions, legal separations, complex property matters, maintenance disputes and parenting issues. We aim to resolve the matter efficiently, but are always ready to argue for you in court if necessary.
Please contact our friendly lawyers to Schedule a Consultation.
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.
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Des Plaines, IL 60016
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!

No. Illinois does not require spouses to live apart for six months before a divorce case can be filed. However, living separate and apart for at least six continuous months before the divorce judgment creates a legal presumption that irreconcilable differences have caused the marriage to break down. At least one spouse must also satisfy Illinois’ 90-day residency requirement before the required finding can be made.
Yes. A divorce may begin as uncontested but become contested if the spouses later disagree about property, debt, maintenance, parenting time, parental decision-making, or support. A contested case can still become uncontested if the parties reach a complete agreement before trial.
Only in limited circumstances. In an Illinois legal separation, the court may approve a property settlement agreement that both spouses ask to include in the judgment. Without an agreement, the court generally cannot value or divide the spouses’ property as part of the legal-separation case. This is an important difference between legal separation and divorce.