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Divorces are all different. The uncontested divorce is when the spouses agree on the major issues like property division, parenting duties, child support and maintenance. A contested divorce is one where there is still disagreement and the issues may need to be resolved through negotiation, mediation or court proceedings. Illinois is a no-fault divorce state. This means a divorce can be granted when there are irreconcilable differences that have caused the marriage to break down beyond repair.
Some couples aren’t ready to end their marriage, but want a formal arrangement while living apart. In a legal separation, spouses are still married as far as the law is concerned, but ask the court to decide on specific issues, such as support and maintenance. Other financial or family matters may also be included depending on the circumstances and what the parties agree to. “Legal separation gives some families the time and structure to figure out what’s next.
Divorce decisions can have long range effects, especially when children are involved, along with a home, retirement accounts, businesses or large debts. O’Flaherty Law partners with clients throughout Waukegan and Lake County to determine their goals and create a practical plan for their case. Whether you and your spouse see eye-to-eye or are miles apart, we aim to provide direct interaction, personal attention and the resources of a larger firm, while helping you work toward a resolution that protects your future.
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.
33 N. County St., Ste. 505
Waukegan, IL 60085
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!

Yes. Your spouse does not have to agree to the divorce for an Illinois court to dissolve the marriage. Illinois uses irreconcilable differences as the basis for divorce. If your spouse disputes financial, parenting, or other issues, however, those matters may make the case contested and require additional court proceedings.
A divorce does not have to be entirely contested simply because one or two issues remain unresolved. Spouses may reach agreements on some matters while continuing to negotiate others. If an agreement cannot be reached on the remaining issues, the court can decide them before the divorce is finalized. Illinois courts must address or otherwise make provision for matters such as property, maintenance, child support, and parental responsibilities when applicable.
Yes. Legal separation does not terminate the marriage, so either spouse may later pursue a divorce. Because decisions made during a separation can affect finances, property, support, and parenting arrangements, it can be helpful to understand the long-term consequences of both options before deciding which path is right for you.