Evanston Divorce Lawyer

Divorce Representation by Evanston Divorce Attorney for Families

Divorce is a big life change, with emotional and legal hurdles. At O’Flaherty Law, our Evanston family lawyers will help individuals and families get what they deserve. From child custody to property division our team will be by your side to protect your rights.

The Divorce Process in Evanston

Every divorce is different, but the process generally looks like this:

1. Initial Consultation: We start by understanding your situation and outlining the options. This involves gathering information and setting expectations.
2. Filing and Serving Divorce Papers: One spouse files the divorce petition, and the process begins. The other spouse is served the papers and gets a chance to respond.
3. Discovery and Negotiation: Both parties exchange information and try to negotiate on child support, property division, and alimony. A contested divorce arises when there is disagreement between the parties regarding the division of property and parenting responsibilities, often requiring mediation, negotiation, or litigation. An uncontested divorce, on the other hand, occurs when both parties agree on key issues, allowing for a quicker and less costly process.
4. Settlement or Trial: Ideally divorces are settled. If not, they go to court for a final decision. In some cases, a divorce decree may be issued by the court, especially in default divorces where one spouse does not participate in the proceedings.

Grounds & No-Fault Divorce

In Illinois, the grounds for divorce are based on a no-fault system, which means that the court does not consider fault or wrongdoing by either spouse when granting a divorce. The only requirement is that the couple must have irreconcilable differences, which have caused the irretrievable breakdown of the marriage. This means that the couple must have tried to reconcile but have been unable to do so and that future efforts at reconciliation would be impractical and not in the best interests of the family.

Divorce Requirements

To file for divorce in Evanston, Illinois, one of the spouses must be a resident of the state for at least 90 days before filing the petition. The couple must also have been separated for at least six months before the divorce can be finalized. Additionally, the couple must have a valid marriage certificate and must provide proof of residency in Evanston.

Areas We Serve in Evanston

Our services cover legal assistance in various areas:

• Child Custody and Support: We put the children first and ensure custody agreements serve their best interests and fair support.
• Spousal Support (Alimony): We negotiate or contest alimony for fair results for both.
• Property and Debt Division: Dividing assets and debts fairly is crucial to your financial future. Our divorce lawyers will get an accurate count of marital property.
• Mediation and Alternative Dispute Resolution: We mediate to resolve disputes peacefully and reduce the cost and stress of litigation.

We specialize in handling family law matters, providing tailored legal services to support clients through divorce, child custody issues, and other family disputes.

A Testimonial: Helping Families Move On

Meet Rachel and Michael, a couple in Evanston, IL, going through a difficult divorce. They had been together 15 years, raised two young children and accumulated joint property. Disagreements over child custody and property division was going to prolong the process and increase the tension.

Rachel went to our Evanston family lawyer who listened to her and advocated for a peaceful solution. We facilitated the conversation, had both parties focus on the children and get a fair property division. Through negotiation and mediation Rachel and Michael avoided the stress of a long court trial and found a middle ground. This is what we do to protect families and resolve disputes.

Why O’Flaherty Law?

• Customized: Every family is different, and our approach reflects that.
• Transparent: We keep you informed and involved throughout.
• Solution Focused: As a family law firm, we negotiate and mediate to reduce conflict and find workable solutions.

Our Family Law Services

We also offer:

• Prenuptial and Postnuptial Agreements
• Adoption
• Guardianship
• Child Relocation
• Paternity

Our Evanston family law attorneys believe that good representation comes from understanding what matters most to our clients and working hard to achieve that. We try to make the process as smooth and easy as possible so you can get on with your life. If you need an IL divorce lawyer, we are here to help you navigate the legal implications of divorce, including the division of marital property and the establishment of custody plans.

Child Custody and Visitation

Child custody and visitation are critical issues in any divorce involving children. In Illinois, the court’s primary concern is the best interests of the child. The court considers factors such as the child’s age, health, and relationship with each parent, as well as the parents’ ability to provide a stable and loving environment. There are two types of custody: legal custody, which refers to the right to make important decisions about the child’s life, and residential custody, which refers to the child’s living arrangements. The court may award joint custody, sole custody, or a combination of both.

Property Division and Support

In Illinois, marital property is divided fairly, but not necessarily equally, between the spouses. The court considers factors such as the length of the marriage, the income and earning capacity of each spouse, and the contributions of each spouse to the marriage. The court may also award spousal support, also known as alimony, to one spouse to help them maintain a reasonable standard of living. The amount and duration of spousal support depend on factors such as the length of the marriage, the income and earning capacity of each spouse, and the standard of living established during the marriage.

Divorce Mediation and Alternatives

Divorce mediation is a process in which a neutral third party helps the couple negotiate a settlement. Mediation can be a cost-effective and efficient way to resolve disputes, and it can also help the couple maintain a positive relationship. Other alternatives to traditional divorce include collaborative divorce, which involves a team of professionals working together to help the couple reach a settlement, and arbitration, which involves a neutral third party making a binding decision. These alternatives can be less adversarial and less expensive than traditional divorce litigation.

Directions to our Evanston divorce lawyer:

From Skokie, IL:

1. Head east on Dempster Street.
2. Turn left onto Gross Point Road.
3. Continue north; the destination will be on your right.

From Wilmette, IL:

1. Drive south on Ridge Road.
2. Turn right onto Old Orchard Road.
3. Turn left onto Gross Point Road; the destination will be on your left.

From Interstate 94 (Edens Expressway):

1. Take the Old Orchard Road exit and head east.
2. Turn right onto Gross Point Road.
3. Continue south; the destination will be on your left.

From Central Street in Evanston:

1. Head west on Central Street.
2. Turn left onto Gross Point Road.
3. Continue south; the destination will be on your left.

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