Family & Divorce

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When you are grieving the loss of a family member, the last thing you want to deal with is a problem regarding their estate plan. Even when estate administration goes smoothly, it can be emotionally difficult for the surviving loved ones. Unfortunately, sometimes concerns over a will’s validity do arise. Family members may get a rather unpleasant surprise when they get around to reading their decedent’s will in some cases. Sometimes the terms of the will are much different from what you expected to find. It could be that the will leaves everything to an individual or organization the…
Continue Reading What to Do if You Suspect Your Relative’s Will is Not Valid

In an Illinois divorce, a judge is not always going to agree with you and your lawyer’s conclusions. When a judge rules against you during your Illinois divorce, that ruling may or may not be significant enough to bring that ruling before an appeals court for review. What is appealable in an Illinois divorce case?

Errors are appealable in an Illinois divorce. The whole point of an appeal is to identify a specific thing that the trial court did incorrectly. To appeal an Illinois divorce, you must identify the error(s).

There are two kinds of errors in an Illinois…
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The prospect of divorce is frightening. Splitting assets and seeing your children half the time (or less) are harrowing possibilities but the continuing obligation of maintenance (formerly known as alimony) seems the most daunting. Before the divorce, you were supporting one household with two incomes. After the divorce, you may be expected to support two households (your household and your ex-spouse’s) on one income. How do you avoid the additional, ongoing obligation of maintenance during and after your Illinois divorce?

Who Has To Pay Maintenance In Illinois?

Either party may request maintenance in an Illinois divorce.

“[T]he court may…
Continue Reading How To Avoid Paying Maintenance In Illinois

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Most people believe that a divorce attorney is only necessary for a contested, highly volatile divorce. This theory is often portrayed in the media, from high-profile celebrity divorce cases to movies that depict lawyers fighting for their clients in court. Although attorneys can be used in contested situations or to help provide mediation between parties, divorce law can cover a variety of situations, including uncontested divorces. Even when both spouses agree about divorce issues like property division and parental responsibilities, a lawyer can help facilitate the process, file the correct documents with the court, and ensure the marriage dissolution…
Continue Reading Do I Need a Divorce Attorney for an Uncontested Divorce?

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Finances are often a key factor in divorce and family law disputes. For the court to make a determination about the division of assets and debts, child support, and other issues, the court needs accurate financial information from both parties. Unfortunately, not everyone is as forthcoming about financial information as they should be. Some people disclose only partial financial information or actively hide assets and income during family law cases to gain an unfair advantage.
If you are involved in a divorce, child support case, or another family law matter and you suspect that another party is…
Continue Reading Finding Hidden Income in a DuPage County Divorce or Child Support Dispute

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Divorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.
Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.
Motion for Exclusive Possession of the…
Continue Reading Can I Force My Spouse to Move Out During Our Divorce?

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When they are written well, prenuptial agreements are legally binding contracts that specify how a couple’s finances, at least in part, will be handled in a divorce. While most people have signed arbitration clauses in contracts like user agreements (often included in the fine print that nobody reads), those same people may be surprised to learn that arbitration agreements can also be included in an Illinois prenuptial or postnuptial agreement. 
Arbitration can be beneficial for many reasons, most of which are similar to the purpose of the pre- or postnuptial agreement itself: Avoiding protracted courtroom hostilities and ensuring parties can…
Continue Reading Can We Include an Arbitration Clause in Our Illinois Prenup?

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In Illinois, the presumption is that it is in the child’s best interest to have some type of relationship with both parents. In general, courts want to keep both parents involved in their children’s lives. In the vast majority of child custody cases, both parents will be granted some parenting time and some share of the parental responsibilities. However, there are outlier cases where one parent is so harmful or dangerous to their children that allowing them to spend any time at all together is simply not in the children’s best interests. In these cases, it may be possible for…
Continue Reading Could I Get Sole Custody of My Children?

After years in a bad marriage, you should be used to getting vague, counter-intuitive and just plain terrible instructions from your spouse. But, what if you get those vague instructions from a judge in your Illinois divorce?

The point of an order is for the parties under the jurisdiction of the Illinois divorce case to follow that order. If the order is not clear, then enforcement of the orders terms becomes problematic.

“Orders must be construed in a reasonable manner so as to give effect to the apparent intention of the trial court.” Kiefer v. Rust-Oleum Corp., 916 NE 2d…
Continue Reading Vague And Ambiguous Orders In An Illinois Divorce

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Divorcing spouses may reach an out-of-court settlement regarding divorce issues like property division or the case may go to litigation. Regardless, the spouses will need to divulge detailed financial information about their income, assets, and debts. Without this information, it is impossible to make an informed decision about financial issues during divorce. Lying about financial information on a financial affidavit is against the law, but unfortunately, some spouses do it anyway.
If you are getting divorced, it is important to be on the lookout for signs of financial deception. Failing to disclose full, accurate financial information can significantly impact…
Continue Reading 5 Signs of Hidden Assets in a Divorce Case

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Spouses in Illinois often get divorced because abuse or neglect exists in the marriage. Sometimes, such behavior is directed towards a couple’s children even before the couple decides to separate. Other times, fears of child abuse may suddenly arise after a child comes back from spending parenting time with their other parent and something seems terribly wrong. Regardless of how the issue arose, it is essential to take your hunches about child abuse or neglect seriously. If you are in this situation and wondering whether the situation may justify a parenting agreement modification, read on. 
Do I Need to…
Continue Reading What Should I Do if I Believe My Ex is Abusing Our Children After Our Illinois Divorce? 

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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…
Continue Reading What Will I Have to Pay For During My Illinois Divorce? 

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Child support provides financial assistance to parents with the majority of the parenting time. The funds received through child support may be used for rent or mortgage payments, educational costs, groceries, and other expenses. Once the child becomes an adult, he or she is expected to become financially independent. Child support payments usually terminate when the child reaches adulthood and graduates high school. Sometimes, child support payments are extended until the child completes an undergraduate degree.
If a child has a disability, he or she may not be able to reach the same level of financial independence as a child…
Continue Reading Non-Minor Child Support for a Disabled Person in Illinois

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Most spouses going through a divorce are able to avoid costly and time-consuming litigation through the use of methods like mediation, attorney-facilitated negotiation, or collaborative divorce. Alternative dispute resolution tends to work very well when the divorce is amicable, but it can also work for spouses who are not getting along. It is possible for spouses to settle their divorce out of court without even needing to be in the same room. These alternative routes to divorce have become popular because they can speed up the divorce process, save both parties money, and lessen the impact of any conflict for…
Continue Reading Who Should Not Pursue Alternative Divorce Methods?

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Marriages end for countless reasons. Some gradually break down over the course of years or decades. Other marriages end abruptly because a spouse has an affair or violates the other spouse’s trust. Sometimes, spouses simply fall out of love. If your marriage has reached the point of no return and divorce is imminent, there are things you can do now to make the divorce process easier.
Preparing for Divorce Can Help Make the Process Go More Smoothly
Divorce is a difficult process to go through, but preparing in advance can help you ready yourself to tackle divorce issues like property…
Continue Reading Six Steps to Take Now If You Know Divorce Is On The Horizon

Getting a divorce in Illinois is not simply filling out forms. Otherwise, everyone would get divorced by merely checking boxes and submitting a form. Marriage and the dissolution therefrom is a fundamental right. Marriage and divorce are taken seriously by the law and afforded due process in Illinois.

“[M]arriage is a fundamental right.” Boynton v. Kusper, 494 NE 2d 135 – Ill: Supreme Court 1986

For some people, however, a divorce should probably should be as easy as filling out a form.

Short marriages without kids and without any real assets should be allowed to have simple divorces without the…
Continue Reading Joint Simplified Divorce In Illinois