The Stogsdill Law Firm, P.C.

In Illinois divorce cases that involve children, few issues are more pressing and consequential than the allocation of parental responsibilities. Illinois courts generally assume that it is in the best interests of the children for both parents to stay involved in their children’s lives. However, this is a rebuttable presumption. 
Parents must construct a written parenting plan that sets forth the responsibilities to be undertaken by each spouse regarding their children after the divorce is finalized. However, life has a funny way of throwing us curveballs when we least expect it. Combining that with children growing older and situations
Continue Reading 5 Signs You May Need to Modify Your Parenting Plan

A major concern within divorce cases that involve families with children is that divorce is widely known to have a significant impact on children, an impact that is rarely a positive one. As a result, issues related to child custody are navigated with the utmost seriousness, as many decisions made regarding child custody will, in all likelihood, play a major role in the development of the children involved. Many questions need to be answered when deciding which parent a child will live with once the divorce has been finalized. 
In Illinois, a court will determine the child’s “best interests.” Many
Continue Reading Can a Child Choose Which Parent He or She Lives With? 

Regardless of whether you have recently started the divorce process or have completed the process before last year ended, you will need to think carefully as you prepare to file taxes. Notably, your filing options will depend mainly on factors such as the date of your divorce and terms of the divorce agreement. While getting a divorce is undoubtedly challenging, hiring a highly knowledgeable divorce attorney to help guide you through the process can make it as seamless as possible. 
What to Know About Married Filing Jointly
If you are still married at the end of the tax year, you
Continue Reading Tax Considerations to Be Aware of During Your Illinois Divorce

When most people think of divorce, they think of high-drama courtroom proceedings, such as in critically acclaimed films about divorce, like Marriage Story and Kramer vs. Kramer. Perhaps Hollywood is to blame for the incorrect assumption that all divorces equal never-ending drama and heartache, with personal dealings spilling out in a courtroom for all to hear. However, you may be surprised that this is only sometimes the case. In fact, divorce does not need to be a dragged-out and expensive spectacle. 
A collaborative divorce is an option that has been gaining in popularity in recent years, and rightfully so.
Continue Reading Top Benefits of Using Collaborative Law to Resolve Your Divorce

In the state of Illinois, matters related to child support are taken very seriously. Since child support directly affects the children of parents who have gone through a divorce, the courts in Illinois are often prepared to place a financial burden on non-custodial parents who have been ordered to pay child support but have failed to do so. In addition, while non-custodial parents may be held in contempt of court for refusing or failing to pay child support, cases involving failure to pay child support are often taken care of before contempt charges are filed. 
To help ensure child
Continue Reading When and How is Wage Garnishment Used to Collect Child Support? 

Deciding to get a divorce is often an extremely difficult and painful decision. This is especially true if you or your spouse are in the military. Suppose you or your spouse are an active duty service member. In that case, it is crucial to understand the considerations that will likely apply to your case as opposed to divorce cases where neither spouse is on active duty in the military. This blog will dive deeper into what you should know about seeking a divorce when a spouse is on active duty. If you ever find yourself in this position, it is
Continue Reading Can Spouses Divorce if One of Them is on Active Duty? 

Sadly, domestic violence is something that takes place in so many families. Navigating emotionally turbulent situations like dealing with a divorce or issues related to your children can quickly bring out the worst in people and result in hazardous conditions. That being said, just because someone is going through a stressful time does not give them the right to commit acts of domestic violence. The safety of yourself and your children is the most critical thing; therefore, if you believe you are at risk of experiencing domestic violence or have experienced it, reach out to an attorney to set up
Continue Reading What is a Plenary Order of Protection, and How Can I Get One? 

The distribution of marital property is usually among the most contentious areas of divorce proceedings. Not only can it get very complex, but people often have strong opinions about what is theirs and what is their spouse’s. In the State of Illinois, the law follows something called equitable distribution, which means that any marital assets involved in divorce proceedings are not required to be split 50/50, but must be split fairly. There comes a time in divorce proceedings when a legal ruling will be made regarding the property division. 
Once the court hands down a judgment regarding property division, the
Continue Reading Is it Possible to Appeal a Property Division Judgment?

When most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent’s financial situation and whether they can contribute to their child’s college fund. 
If you are
Continue Reading Divorced Parents and College Expenses: Understanding Your Rights and Responsibilities 

As the saying goes, “Hope for the best but prepare for the worst.” In essence, that is precisely what a postnuptial agreement is. Like a prenuptial agreement, postnuptial agreements are important legal documents illustrating how a couple’s marital assets will be split if their marriage ends in divorce or death. However, the difference between a prenuptial agreement and a postnuptial agreement is that postnuptial agreements are created after the marriage has already occurred. In this blog, we will examine three considerations when considering a postnuptial agreement.
If you are interested in creating a postnuptial agreement, do not hesitate to contact
Continue Reading Three Reasons to Consider a Postnuptial Agreement

When spouses with children decide to get a divorce, one of the most pressing matters that needs to be sorted out is how to ensure the divorce affects the children’s life to the least extent possible. As a result, determining parental responsibilities and parenting time becomes a critical issue, as children generally benefit from having both parents in their lives compared to only one parent being involved. In Illinois, a parenting plan becomes an essential legal document, usually created through collaborative methods, such as negotiation and mediation, signed by both parents and enforceable by law. In some cases, the
Continue Reading What Should I Do if My Ex-Wife Violates Our Parenting Plan?

People may be surprised to learn that Illinois Family Law encompasses more than divorce, but also includes annulment and prohibited marriage as well. Depending on the circumstances of your marriage, your marriage may qualify for an annulment on the basis that you entered into a prohibited marriage. Since family law can be challenging, strongly consider consulting with an experienced Illinois family law attorney so that any questions regarding your marriage can be answered and, if necessary, you can lawfully exit the marriage. 
Difference between Divorce and Annulment
It is essential to understand that divorce and annulment are separate. In Illinois,
Continue Reading Annulments Involving Prohibited Marriages in Illinois

Losing your job and reliable source of income can turn the world of even the most financially savvy person upside down. This is especially true if you have recently gone through a divorce and have child support payments that need to be kept up with. If you have lost your job, you are likely wondering how you will be able to keep up with these payments. Fortunately, under challenging periods such as after a job loss, it is possible to modify monthly payments so that you can keep up with payments and provide for your children. If you have lost
Continue Reading Can I Reduce My Child Support Obligation if I Lost My Job? 

Credit card debt is an issue for so many people across the United States. You may be shocked to learn that in 2021, a typical American’s average amount of credit card debt was $5,525. If not taken care of proactively, credit card debt can significantly hinder people financially. Sometimes, debt may be carried for years and become a tremendous burden.
While credit card debt is an issue for most Americans, it becomes an even bigger issue in the event of divorce. If you and your spouse are pursuing a divorce, you may be interested in what happens to credit
Continue Reading How is Credit Card Debt Handled in an Illinois Divorce? 

When spouses decide to pursue a divorce, various issues must be resolved before the divorce is finalized. This is especially true if the divorcing parties have children. To ensure that their children can still enjoy as normal a childhood as possible with the involvement of both parents, parents often elect to create a comprehensive parenting plan which acts as the blueprint for how they plan to parent their child or children once the divorce is finalized.
In Illinois, parents have 120 days from filing a petition for the allocation of parental responsibilities to submit a comprehensive parenting plan to
Continue Reading Tips for Determining the Right Parenting Time Schedule for Your Family

Few people know how challenging and complex the financial side of a divorce truly is. There are so many financial considerations that need to be made when a divorce is taking place. If the divorcing parties have children, which parent will pay child support? Or how will the distribution of marital property be handled? All of these financial questions and more arise when going through a divorce.
During divorce proceedings, an incredibly challenging subject and often an area of contention is whether each spouse is truthful regarding financial information. The situation can become even more complicated if one spouse
Continue Reading Can I File a Dissipation of Assets Claim for Money Lost to Substance Abuse?