Posted on June 14, 2022 in Divorce

The decision to get an Illinois divorce after discovering a spouse’s infidelity can often be as heartbreaking as finding out about the cheating itself. In addition to the feelings of confusion, hurt, betrayal, and loneliness, you may also begin feeling guilt, sadness, and self-doubt. And of course, infidelity breeds distrust and contempt, making it difficult to work collaboratively during the divorce process. 

While all of these things are difficult, the unfortunate truth is that, in Illinois, infidelity generally does not have an impact on divorce proceedings. This can feel extremely unfair to the party who was faithful, especially if that party ends up paying the cheating spouse alimony or child support. But while the divorce may not be affected by the infidelity in and of itself, certain behaviors commonly associated with cheating during a marriage can affect parts of the divorce process, giving the spouse who has been cheated on some relief. 

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 Posted on June 09, 2022 in Divorce

While divorce is not easy for a separating couple, children can become the unfortunate catch-all for the more serious negative consequences of divorce. Lacking understanding and context, children often suffer the impact of parents who disagree about child support, custody arrangements, or who simply use the children as a proxy to fight out their personal differences.

When parents are diametrically opposed in their wishes regarding what should happen with the children, or when accusations of abuse and neglect have been made, a court may appoint an independent third party to investigate the situation more closely to determine what would be in a child’s best interests. This person is called a guardian ad litem. Finding out a guardian ad litem will be involved in your case can be uncomfortable; you may like you have done something wrong or that you are under close supervision. However, guardians ad litem are common in contested parenting cases and understanding their role is an important part of making the investigation go smoothly. 

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 Posted on June 07, 2022 in Divorce

The state of Illinois determines child support payments using a strategy known as the “income shares method.” Because so many children have parents who both work, the income shares method effectuates the most practical child support payments by taking both parents’ incomes into consideration. 

For parents who are W2 employees, calculating child support is fairly straightforward. When one parent or both parents are self-employed, however, there can be some questions when determining a parent’s true income - and whether that full income is being disclosed during divorce. 

Who is Considered Self-Employed? 

Self-employment is very common, especially because so many people work part-time in the so-called “gig economy.” Jobs that are considered self-employment include, but are not limited to: 

• Sole proprietorship businesses

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 Posted on June 02, 2022 in Divorce

Couples seeking a divorce in DuPage County, IL often have a difficult time reaching an agreement on important issues like property division and child custody. Although couples are encouraged to resolve their differences themselves outside of court, the nature of divorce makes it very difficult for most couples to do so. When a couple cannot achieve compromise and the divorce process has already begun, the judge presiding over the case may appoint a mediator at the couple's expense. 

As with any situation in which a mediator is involved, the goal is to reach a dispute resolution that is satisfactory to both parties. However, a court-appointed mediator has its limitations and couples often find that a private mediator suits their purposes more appropriately. If you are getting divorced and want more information about divorce mediation in Illinois, read this blog and then contact an experienced family law attorney-mediator who can help. 

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 Posted on May 25, 2022 in Divorce

Although all Illinois marriages start with high hopes and expectations, almost half of them end in divorce. While those who have never had to make the decision to get divorced may see people as either “married” or “divorced,” the truth is that there are often many steps in between a full commitment to marriage and resignation to divorce. After so many years of hard work, making memories, and raising children, when is it time to throw in the towel and give up the effort to save your marriage? Here are three signs from relationship experts that you may not be able to salvage your relationship. 

You or Your Spouse are Abusive

Abuse of any kind is unacceptable and you do not have to tolerate it. If you cannot stomach the idea of leaving for yourself, consider your children and the example you want to set for them. You may hate the idea of your children growing up without their other parent, but it is rare that an abusive spouse spares the children forever. Unfortunately, spouses are often also mutually abusive to each other. If your relationship has reached the point that you are both engaging in unacceptable behavior, it may be time to call it quits and seek help. 

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 Posted on May 24, 2022 in Divorce

While most people feel that lying is wrong, the unfortunate truth is that dishonesty is very common. Even people who consider themselves honest may be more likely to justify lying if they feel the circumstances warrant it. In some ways, an Illinois divorce is the perfect situation to make someone feel like lying is acceptable; so much is at stake, and spouses often feel terribly wronged by each other. While the strategy of lying during divorce often backfires on the dishonest spouse, it can have serious negative consequences for the other spouse and their children. If you are getting divorced and your spouse is trying to hide income, fabricate tales of domestic violence, or otherwise mislead a judge in your divorce proceedings, you will need to take action to fight their lies. 

What Do Spouses Lie About During Divorce?

If your spouse has a history of lying, you can bet with near certainty that they will continue to do so during your divorce. Dishonest spouses may lie about many things, including, but not limited to: 

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 Posted on May 19, 2022 in Divorce

Many things can be difficult to anticipate in an Illinois divorce, but spousal maintenance - also known as alimony or spousal support - does not have to be. While every divorce is made up of its own unique problems and solutions, Illinois courts must consider several factors when determining whether spousal maintenance is appropriate and they use specific formulas to determine the amount. If you are getting divorced in DuPage County and wondering whether you will pay or receive alimony, read this helpful blog post and then contact an experienced divorce lawyer who can help you with your case. 

Income and Property

Courts will look carefully at the income of each spouse, as well as the potential earning power a spouse would have if they were fully employed. Because some spouses stay out of the workforce to raise children and keep a home, courts will consider whether divorce would put a homemaker spouse in a destitute financial situation and adjust spousal maintenance payments accordingly. Courts will also consider how long it would take a dependent spouse to get back on their feet after obtaining adequate training or education; if it is unclear how long it would take, or if there are young children whose needs would prevent a spouse from immediately seeking employment, courts can order fixed-term maintenance that is subject to review after a predetermined period of time. 

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 Posted on May 17, 2022 in Divorce

So much of the content about the topic of divorce involves the period before and during the Illinois divorce process. Books, blogs, and TV series spend far more time focusing on the conflict of divorce and the difficulty of the process; the story often ends when each partner waltzes off into the sunset, newly and happily single. 

As many divorcees can attest, however, the truth is more complicated and not quite so easy. Life after divorce can feel a bit like being suspended in midair. You still have the ongoing sense of urgency from the divorce - the feeling that tasks need to be done, the anticipation of something about to happen - but more time to yourself with far less to do. There is no longer a process, a plan. It can be hard to know what to do next. If you are getting divorced and are wondering what to expect about adjusting to life after the divorce is finalized, here are four things you will not often hear about life after divorce. 

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 Posted on May 12, 2022 in Divorce

Unfortunately, there is no easy way to get around the average cost of divorce. While it may be possible for some spouses who own very few assets and who get along reasonably well to save money by filing for an uncontested divorce, most couples have numerous issues that take time and resources to negotiate. But although you may already know that divorce is likely to be expensive, you may not know exactly which expenses to anticipate. At The Stogsdill Law Firm, we believe that the more information you have about divorce, the better prepared you will be to manage yours. Here are the most important expenses we see our clients manage in their divorce. 

Filing Fees

While filing fees represent one of the less painful expenses of divorce, they can still cost several hundred dollars. Filing for divorce alone costs about 350 dollars in Illinois; court appearances, child support annual fees, parenting classes, and the cost of serving your spouse divorce papers can all add up to quite a lot. Avoid unpleasant surprises by speaking with your attorney about how much you can expect to pay in fees. 

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 Posted on May 10, 2022 in Divorce

The vast majority of parents are committed to discovering their children’s needs and wants on an ongoing basis and most parents spend many sleepless nights trying to help their children solve life’s problems and learn the necessary lessons they need to succeed. Divorce can throw a major wrench into the process of raising a child, however; not only do you have to continue raising your child with your ex, but now there are strict, legally binding guidelines dictating how you will make decisions for your child and where they will spend their time. 

Some parents can manage this well together, even after divorce; some parents struggle to cooperate. But for some parents, there is an additional concern: What if the behavior of your child’s other parent means they could be unsafe in that parent’s care? Is it possible to get full custody of a child in Illinois if one parent is endangering the child? Read on to learn the answers to these questions. 

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