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The Stogsdill Law Firm, P.C.

Recent Blog Posts

How to Know if Your Spouse is Serious About Divorce

 Posted on November 09, 2023 in Divorce

Wheaton Divorce LawyerDivorce is a significant life event that poses countless challenges for everyone involved. One of the most critical aspects of this process is understanding whether your spouse is serious about ending the marriage. There are several signs that may indicate your spouse’s seriousness about divorce. To help you navigate these signs, it may be wise for you to obtain the legal guidance of a qualified lawyer. With a potential Illinois divorce on the horizon, you want to be ready. And in this case, being prepared means knowing your rights and ensuring they are protected if a potential divorce lies on the horizon. 

Digest What Your Spouse is Saying to You

What you will first want to do is get a complete understanding of what your spouse is saying to you. Are they directly communicating with you and expressing their desire for the marriage to end? If they are openly sharing with you their reasons for wanting to end the marriage, this is a clear indication that they are indeed serious about pursuing a divorce. Honest and direct conversations about divorce can help both parties understand each other’s perspectives and explore possible solutions. 

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Should I Represent Myself in My Divorce? 

 Posted on November 07, 2023 in Divorce

Wheaton Divorce LawyerGoing through a divorce is no easy task. One of the decisions you will need to make is whether to hire a lawyer or to represent yourself in your case. While the prospect of representing yourself can seem a little tempting, perhaps you believe that not hiring a lawyer will put more money in your pocket in the long run; it is essential to carefully consider the various pros and cons before making a decision that will significantly impact your future. Above all, it is important to understand that under no circumstance should you represent yourself in your Illinois divorce, and we will tell you why. 

Absence of Legal Knowledge 

Of course, the first reason you should never represent yourself in your divorce is your lack of knowledge and experience. Even if you think you know the issues, your casual knowledge will more than likely pale in comparison to an experienced divorce attorney. Without a thorough understanding of the legal framework and precedents, you will likely find it challenging to navigate the intricacies of the process effectively. 

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Getting Divorced When You Have a Disabled Child

 Posted on November 02, 2023 in Divorce

DuPage Divorce AttorneyWhen you get a divorce, your life irrevocably changes forever. When children are involved, their life is also changed forever. In cases where a couple with a disabled child decides to end their marriage, additional considerations come into play. It is widely understood that children often take the brunt of the divorce, which is why parents of disabled children may be especially concerned about what the divorce will mean for their child with disabilities. If you are getting a divorce and have a disabled child, contact an experienced Illinois lawyer to assist you through the divorce process, assuring all the while that your child’s needs are acknowledged, met, and taken care of before, during, and after the divorce. 

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Is My Wife Entitled to My Inheritance in Our Illinois Divorce?

 Posted on October 30, 2023 in Divorce

Wheaton Family Law AttorneyDivorce in Illinois is a complex, often painstaking process that has enormous implications on the personal and financial future of those getting divorced. In the state of Illinois, the question of whether a spouse is entitled to the other spouse’s inheritance is a matter of great importance to many families. If you have concerns with regard to the distribution of assets and whether your inheritance will be subject to division, contact a divorce lawyer to ensure you have the legal protections afforded to you through state law. 

Marital Property vs. Non-Marital Property 

Laws of equitable distribution govern Illinois. During divorce proceedings, non-marital property is generally exempt from division. Inheritances are often classified as non-marital property, meaning they are the sole possession of the person who received the inheritance. 

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What Leads to Property Division Disputes in Divorce?

 Posted on October 26, 2023 in Divorce

Wheaton Divorce LawyerProperty division during a divorce tends to be a hot-button issue. When a couple gets divorced, there are often very real concerns about how their property will be divided between them. Since Illinois is an equitable distribution state, assets are not precisely split down the middle 50/50. As a result, nasty disputes can arise over who is entitled to receive what property. If you are looking to dissolve your marriage and wonder what the underlying causes of property disputes are, regardless of whether you are wondering how to anticipate or avoid these disputes, a lawyer experienced in this area of law will be happy to help you.

Three Distinct Causes of Property Disputes 

  1. Emotional attachment – This is a common culprit of many property disputes during a divorce. The sentimental value associated with the property, such as the family home, heirlooms, or other personal belongings, can cloud judgment and make it difficult for couples to agree on a fair distribution. Emotional attachment often stems from the memories and significance attached to these assets, making it challenging to approach the division process objectively.

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How to Know When Divorce Litigation is Needed

 Posted on October 25, 2023 in Divorce

Untitled---2023-11-09T163926.971.jpgDivorce is a difficult decision, often accompanied by tremendous emotional turmoil. While some divorces can be resolved in a more amicable way without the need for litigation, others may require legal intervention. Understanding the circumstances that warrant divorce litigation can help people navigate this challenging process more effectively. In such cases, it is strongly recommended that you hire a lawyer to represent you and your interests during the entirety of your divorce. While hiring an Illinois divorce lawyer is not required by law, it is unquestionably the most prudent decision you can make as you prepare for divorce proceedings.

Signs that Litigation May Be Necessary in Your Divorce

Certain issues may exist throughout a couple’s marriage or divorce that signal litigation may be needed, including:

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Using Mediation for Property Disputes in an Illinois Divorce

 Posted on October 23, 2023 in Mediation

Untitled---2023-11-09T163228.424.jpgProperty disputes are a common and often contentious aspect of divorce proceedings in Illinois. In Illinois, couples have the option to use mediation as an alternative to traditional litigation for resolving property disputes. Mediation offers a collaborative and solution-oriented approach that can effectively address common property disputes. If your divorce involves property disputes and you are looking for a way to solve them, discuss with your divorce lawyer if mediation is a process worth pursuing.

Dividing Marital Assets

One of the primary purposes of mediation is to facilitate the fair division of marital assets. Mediation allows couples to discuss and negotiate the division of property openly, including real estate, investments, retirement accounts, and personal belongings. With the guidance of a neutral mediator, couples can work together to create a customized distribution plan that takes into account their individual financial situations, contributions to the marriage, and future needs.

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What Happens When Divorce and Bankruptcy Coincide?

 Posted on October 17, 2023 in Divorce

Untitled---2023-11-09T162533.007.jpgDivorce is a complex and emotionally disruptive process that often involves the division of assets, liabilities, and financial responsibilities. In some cases, the financial strain and debts accumulated during a marriage can become overwhelming, leading individuals to wonder whether bankruptcy is a viable option to alleviate their financial burdens during divorce proceedings. If you believe a possible bankruptcy may intersect with your Illinois divorce, you need to ensure you hire a lawyer. Bankruptcy during a divorce can be a very slippery slope, as the legal complexities involved require the assistance of a legal professional. Without legal guidance, the already slippery slope becomes even more full of hazards.

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How Can My Lawyer Prepare Me for Life Post-Divorce? 

 Posted on October 13, 2023 in Divorce

Wheaton Alimony LawyerDivorce is a life-changing event that often brings significant changes and challenges to the lives of those involved in the proceedings. While it is well known that having an experienced lawyer by your side during proceedings is extremely beneficial, your lawyer can help you with something else: preparing you for life after your divorce is finalized. Suppose you are going through a divorce in Illinois. In that case, it is important to understand how your lawyer can help you prepare for the arduous divorce process, as it is likely that once your divorce is over, your life will be significantly changed compared to what it was before the divorce.

Understanding Your Rights and Options 

One of the first ways your lawyer can prepare you for life after divorce is by ensuring you have a clear understanding of your rights and options. They will explain the legal implications of your decisions during the divorce process and help you make informed choices. This includes discussing matters such as property division, child custody, spousal support, and any other relevant issues specific to your case. 

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How Can I Tell My Kids We Are Getting Divorced? 

 Posted on October 09, 2023 in Divorce

Wheaton Divorce LawyerTelling your children that you and your spouse are getting divorced is unquestionably one of the most difficult conversations you will ever have as a parent. It is crucial to approach this situation with sensitivity, care, and a focus on their emotional well-being. In addition to seeking legal advice and guidance from a trusted lawyer in Illinois, here are some tips to help you navigate this challenging conversation. 

Seven Essential Tips Divorcing Parents Should Know

  1. Plan ahead – Before speaking with your children, make sure you have a solid understanding of the legal aspects of your divorce. Consult with a lawyer to ensure you are adequately aware of your rights and responsibilities as a parent. This will help you provide accurate and age-appropriate information to your children. 

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