Practice Areas

Divorce & Separation

Divorce Attorney

Divorce reshapes every part of your life — your finances, your home, your relationship with your children, and your sense of what comes next. The decisions made now will follow you for years.

What's actually at stake — and what Illinois law determines.

Illinois is a no-fault divorce state, which means neither spouse has to prove wrongdoing to end the marriage. But no-fault doesn't mean simple. The dissolution of a marriage under Illinois law involves a formal legal process that determines how marital property is divided, whether spousal maintenance is awarded, and — when children are involved — how parenting time and decision-making authority are allocated.

These determinations aren't temporary. A property settlement entered by a DuPage County judge is largely final. A maintenance award shapes both spouses' financial lives for years. A parenting arrangement, once established, becomes the baseline from which any future modification must depart. Getting the initial outcome right matters far more than most people realize when they're in the middle of it.

At O'Brien Family Law, we take the time to understand your full financial picture and your priorities before we advise on strategy. That means honest assessments, realistic timelines, and counsel built around your actual situation — not a standard playbook applied regardless of the facts.

What Divorce Involves

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Division of Marital Property

Illinois divides marital assets equitably — not necessarily equally. Real estate, retirement accounts, investments, and business interests all require analysis and, often, negotiation or litigation.

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Spousal Maintenance

Whether maintenance is appropriate, how much, and for how long depends on factors including the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage.

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Parenting Time & Decision-Making

When children are involved, divorce also requires a parenting plan — covering the physical schedule and the allocation of decision-making authority over education, healthcare, and other major decisions.

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Child Support

Illinois calculates child support using an income shares model — accounting for both parents' net incomes, not just the non-custodial parent's. Add-on expenses are allocated proportionally

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Debt Allocation

Marital debts — mortgages, credit cards, business liabilities — must be addressed alongside assets. How debt is allocated affects both the immediate settlement and each spouse's financial position going forward.

Divorce & Separation

How we can help.

Dissolution of Marriage

The full divorce process from filing through final judgment — property division, support, parenting, and what to expect at each stage in Illinois courts.

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High-Asset Divorce

Complex marital estates involving businesses, investment portfolios, executive compensation, real estate, and the specialized preparation they require.

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Spousal Maintenance

How Illinois calculates maintenance, when the statutory guidelines apply, what factors courts consider, and how duration and amount are determined.

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Family Law Appeals

When a trial court makes a legal error in a divorce or separation case, an appeal to the Illinois Appellate Court may be the right path forward.

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Divorce & Separation

How divorce unfolds in Illinois courts.

These are the questions prospective clients most often raise before their first consultation. We've answered them honestly — because informed clients make better decisions, and that's better for everyone.

Phase 01

Filing & Initial Orders

The petition is filed with the circuit court in the county where either spouse resides. Illinois requires a six-month separation period — waivable by agreement. Temporary orders may be entered early covering support, property use, and parenting during the proceedings.

Phase 02

Discovery & Financial Disclosure

Phase 03

Negotiation, Mediation or Trial

On timelines: An uncontested divorce with full agreement can be finalized in two to four months. Contested cases typically take twelve to twenty-four months depending on the issues in dispute, court scheduling, and the parties' willingness to negotiate. We'll give you a realistic projection at your first consultation.

"The decisions made during divorce will follow you for years. You deserve an attorney who takes that seriously from day one."

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Common Questions

Questions clients ask before they call.

How long does a divorce take in DuPage County?

Illinois requires a six-month separation period, though it can be waived by agreement. An uncontested divorce where both parties have agreed on all issues can move through DuPage County Circuit Court in two to four months. Contested cases involving property, business valuations, or custody typically take twelve to twenty-four months. We'll give you a realistic projection at your consultation.

What's the difference between parenting time and parental responsibility?

Parenting time is the physical schedule — when each parent has the children. Allocation of parental responsibility is decision-making authority over education, healthcare, religion, and activities. Since 2016, Illinois treats these as separate allocations. Equal parenting time doesn't automatically mean equal decision-making authority.

How is child support calculated in Illinois?

Illinois uses an income shares model — both parents' net incomes factor in, not just the non-custodial parent's. The guidelines produce a base obligation proportional to each parent's share of combined income, with add-on expenses like health insurance and child care allocated proportionally. Courts can deviate from the formula when the standard result would be inappropriate.

Can a divorce or custody order be modified later?

Yes — when there has been a substantial change in circumstances. Child support, parenting time, decision-making, and spousal maintenance can all be modified. The threshold for "substantial change" is fact-specific and often contested. We handle post-decree modifications from both sides and can advise whether your situation is likely to meet the standard.

Do grandparents have any legal rights in Illinois?

Illinois law under 750 ILCS 5/607 provides a petition path when specific circumstances exist — parents divorced or separated, a parent deceased or incapacitated. The court must find visitation is in the child's best interest and denial would cause harm. Parental rights carry constitutional weight, but cases involving meaningful prior relationships that have been abruptly severed can succeed.

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