DuPage Divorce Attorney

McHenry Divorce Attorneys | Legal Separation Lawyers, McHenry County, IL

McHenry Divorce Attorneys | Legal Separation Lawyers, McHenry County, IL

Our McHenry County divorce attorneys will be your aggressive advocate and provide experienced, affordable representation.  We will ensure the best possible outcome for your case.

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Take the Next Step: Schedule a Free Consultation With Our

McHenry County Divorce Attorneys

legal separation attorney mchenry county il

Please contact our friendly

McHenry County Divorce Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Lake in the Hills

8411 Pyott Road, Ste. 107
Lake in the Hills
,
IL
60156
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-Fri

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

Here's What Our Clients 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.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
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."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
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."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
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.
legal separation lawyer mchenry county 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.

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McHenry County Divorce Attorneys

McHenry Divorce Attorneys | Legal Separation Lawyers, McHenry County, IL

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

McHenry County Child Custody In Divorce

McHenry County divorce lawyers

In this video, we discuss factors Illinois courts consider in determining child custody issues.

McHenry County divorce lawyers

Our McHenry County divorce attorneys will take the time to learn about your situation and aggressively argue the facts of your case.

McHenry County divorce courts have wide discretion when determining all child custody and visitation issues including "the best interest of the child."  

The Illinois Marriage and Dissolution of Marriage Act ("The IMDMA") lists statutory factors that McHenry County divorce courts must consider in determining "the best interest of the child."  However, McHenry County divorce courts are not limited to these statutory factors but instead may consider all factors that they find to be relevant.   Below is a list of statutory factors that McHenry courts consider when determining child custody and visitation issues. 

Statutory Child Custody Factors:

  • The living situations of the parents; 
  • The wishes of the child;
  • Each child's relationship and interactions with the child;
  • Each parent's wishes; 
  • The child's adjustment to the community or school; 
  • The health of the parents and child; 
  • Whether the parents can cooperate; 
  • Whether either parent is a sex offender; 
  • Whether either parent has been abusive.  

Common Law Child Custody Factors:

  • Each parent's work schedule;
  • Intentional interference by one parent with the other parent's relationship with the child;
  • A parent's cohabitation with a member of the opposite sex; 
  • Substance abuse by the parents; 
  • Whether either parent is a natural parent or an adoptive parent;
  • Whether one parent has made false representations regarding the other parent's abuse. 

Read an article by our McHenry County divorce attorneys about child custody.

Changes to Illinois Child Support Law Coming in 2017

In this Learn About Law episode, attorney Kevin O'Flaherty discusses the changes made to Illinois child support laws in 2017

mchenry county legal separation attorneys

Beginning on July 1, 2017, reforms to the child support law will go into effect in Illinois.  Rather than a fixed percentage of the non-custodial parent's income going to child support based on the number of children, an "income shares" model for child support will go into effect.  

Under the new model, the parents will together be responsible for child support using economic tables that take into account the combined income of the parents, the cost of living, and the number of children.  Once this figure is determined, a share will be allocated to each parent based on each parent's income (or potential income) relative to the other parent. 

In "shared parenting" situations, this child support calculation will be different.  "Shared parenting" happens when each parent is responsible for the child at least 146 nights per year. In these situations, the amount of child support the parents will be responsible is multiplied by 1.5.  The number of nights that each parent is responsible for the child will, only in these "shared parenting situations," factor into the calculation of each parent's share of child support. 

Read the full article by our McHenry county attorneys.

Maintenance Awards in McHenry County Divorce

In this video, we explain the factors that Illinois courts consider to determine whether spousal maintenance is appropriate.

mchenry county legal separation lawyers

Decisions McHenry County divorce courts must make in a divorce case is whether to award maintenance from one spouse to the other, how much to award, and whether the maintenance will be temporary, permanent, or paid in a lump sum.  "Maintenance," known as "alimony" is a single or continuing payment from one spouse to the other that allows the spouse receiving maintenance to maintain a similar standard of living to that enjoyed during the marriage.  This is separate from child support in that the payment is intended for the benefit of the other spouse rather than for the children of the marriage. 

Read more about Illinois spousal maintenance from our McHenry County divorce attorneys.

Reforms to Illinois Divorce Law in 2016

In 2016, the Illinois Marriage and Defense of Marriage Act was reformed with the intention of reducing the potential disputes between parties and with a view toward updating the law to comport with modern co-parenting arrangements. 

  • There are various grounds for dissolution of marriage.  These include issues such as bigamy and adultery, which have been replaced with only one ground for divorce: Irreconcilable differences.  
  • The 2-year requirement of living separate and apart prior to a divorce based on irreconcilable differences have been reduced to 6 months.  This requirement will now be waived if both spouses agree. 
  • The terms "custodial parent," "non-custodial parent," or "visitation," will now be replaced with "allocation of parenting time and responsibility."  This is less onerous to the parent who previously had less time with the child. 
  • Parental responsibility is allocated between the parents in four different categories: education, religious, medical and extracurricular.  Each parent can be responsible for different types of decisions for their child. 
  • Parents can now move out of state without leave of court, so long as the relocation is less than 25 miles away.  Relocation of more than 25 miles from the Chicagoland area, including McHenry County, will require court approval.  Outside of the Chicagoland area, parents can relocate in-state up to 50 miles away without a court order. 

How To File For Divorce In McHenry County

When initiating a divorce in McHenry County, one of the parties must file a Petition for Dissolution of Marriage.  This Petition provides information to the court and requests that the divorce court dissolves the marriage and resolve issues regarding child custody, visitation, maintenance, the division of marital property, and division of marital debt. When our McHenry County divorce attorneys file a petition for divorce, we include the following information:

Factual background to give the judge context about each of the parties, the history of the marriage, the children, and the financial situation of the parties. Proof that the McHenry County Circuit Court has jurisdiction to hear the case and McHenry County is the proper venue for the case to be filed.  In order for the McHenry County Circuit Court to hear the case, one of the parties must reside in McHenry County and both parties must have resided in Illinois for more than 90 days. 

Our experienced McHenry County divorce lawyers will ensure that your petition for dissolution of marriage is prepared efficiently and correctly.  From the filing of the petition until the conclusion of your divorce, you will be informed during every stage of the process. 

Read an article by our McHenry County divorce attorneys about Divorce Petitions. 

Division of Property In McHenry County Divorce Cases 

McHenry County Divorce courts determine how property will be divided based on the individual facts of each case.  The first step is to determine which assets are to be counted as "marital property," and subject to division by the divorce court.  

McHenry divorce courts do not consider the following to be "marital property" and it will not be included in the divorce:

  • Gifts and inheritances that have been kept separate from joint accounts; 
  • Assets acquired by either spouse after legal separation;
  • Assets that have been excluded by agreement of the spouses, either before or after the marriage; 
  • Assets acquired before the marriage that have been kept separate from joint accounts; and
  • Any income and interest earned on the non-marital property listed above.  

Once the court decides which assets will be included in the property division, they will use the factors below to determine how the assets will be divided between the spouses:

Child Support in McHenry County Divorce Cases

McHenry County divorce courts must award minimum payments from the non-custodial parent to the custodial parent if a couple has children together.  

The Illinois Marriage and Dissolution of Marriage Act sets the following minimum percentages of the non-custodial parent's "net income." This must be paid to the custodial parent as child support based on the number of children that the couple has together:

  • 1 child: 20% of net income; 
  • 2 children: 28% of net income;
  • 3 children: 32% of net income; 
  • 4 children: 40% of net income; 
  • 5 children: 45% of net income;
  • 6 or more children: 50% of net income.

What is "Net Income?"

"Net income" means the "gross income" of the custodial parent minus taxes, health insurance payments, required social security contributions, and additional items in the statute.   

Can the Divorce Court Award Higher Child Support Than the IMDMA Minimums?

You should be aware that the percentages listed in the IMDMA are minimums.  Divorce courts have wide discretion to award additional support if it is in the "best interest of the child."  

Best Interest of the Child
In determining the "best interest of the child" as it relates to child support determinations, divorce courts will review the following factors:

  • The needs of the child; 
  • The financial responsibilities of each spouse; 
  • The standard of living of the family during the marriage; and
  • Any other factor that the divorce court finds relevant.  

Modification of Child Support
Child support payments can be modified upon a motion by either party showing changed circumstances since the original award. 

When Do Child Support Obligations End?

The obligation to pay child support ends when the child turns 18 or graduates from high school, whichever happens first. 

 Read an article by our McHenry County divorce lawyers about Child Support. 

Marital Settlement Agreements in McHenry County Divorces

Our McHenry County divorce attorneys work hard to resolve many issues through settlement and outside of court.  When parties are able to reach a settlement, both sides save on the legal fees that would be required should a trial be necessary.  

When some or all of the issues in a divorce case can be resolved, the parties will execute a Marital Settlement Agreement.  In this agreement, the parties come to terms on child custody, child support, maintenance issues, property division, and division of marital debt. 

The court will honor the parties' decisions agreed by the parties in a Marital Settlement, with two exceptions:

  • The court is not obligated to honor the parties' decisions regarding child-related issues such as child support, child custody, and visitation.  The court has the responsibility to look out for the "best interest of the child. 
  • The court will not honor the Marital Settlement Agreement if it is "unconscionable,"  meaning that it's unreasonably unfair to one spouse, or it was made under circumstances in which one of the spouses did not have a meaningful choice. 

After the Marital Settlement Agreement has been submitted to the court, the court will draft its terms into the order of dissolution, and a trial will not be necessary to decide issues covered by the agreement.  

Divorce orders may be modified by showing a change of circumstances.  However, the parties can agree in their Marital Settlement Agreement to limit modification of the divorce order, unless it relates to child custody, child support, and visitation.  If this limitation on modification is in place, either party can vacate the marital settlement agreement and divorce order if they show by "clear and convincing evidence" that the agreement was unconscionable.   

Our McHenry County Divorce attorneys make every effort to favorably resolve the issues in your case as possible in order to make your divorce cost-effective.

Read an article by our McHenry Divorce Attorneys about Marital Settlement Agreements. 

Further Reading From Our 

McHenry County Divorce Attorneys