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October 2015 Archives

Challenging an Order of Protection in Illinois Courts

Domestic violence continues to be a serious issue all across the United States, including in Illinois. One of the ways the state has tried to address these problems is through the Illinois Domestic Violence Act. This law established a way for victims to get orders of protection, also called restraining orders, issued from the courts to help keep abusers away from victims and the victim's children. However, the system is far from perfect. Sometimes orders are issued when there has been no domestic violence. Protective orders can have serious consequences during a divorce. 

Working with Your Ex-Spouse to Solve Parenting Issues

After a divorce or child custody case has ended, the real struggle is often just beginning. Parenting timeissues are among the most common reasons family law cases end up back in court. However, when parents are able to work out parenting time differences, their child's life and their own will be less stressful, and additional finances will not be spent going back to court. 

Dangers and Benefits of Illinois Postnuptial Agreements

Illinois allows for postnuptial agreements to help simplify divorces and promote settled solutions to family law issues. A postnuptial agreement is similar to a prenuptial agreement, only it is entered into after a couple is married. 

Dividing Retirement Accounts in an Illinois Divorce

Sometimes, the most valuable asset in a divorce is one that is the hardest to divide, without destroying its value. Retirement accountssuch as IRAs, 401(k)s, and pensions are governed by a combination of state and federal laws. Often, there are major tax consequences for early withdrawals from these plans. If the correct formalities are not followed, accounts can be rendered worthless, or one spouse could end up with nothing-even if the account was marital property. 

How Domestic Violence Affects Divorce and Custody in Illinois

Domestic violence is a serious issue in our society. Often the issues that are behind violence in the home simmer for years. When a marriage breaks down there is always a lot of emotion and tension in the process. When there has been domestic violence, the situation is even more volatile. Domestic violence drastically impacts the divorce process. 

My Spouse Lied during the Divorce: What Happens Next?

Once a divorce decree or dissolution of marriage has been issued, courts do not like to modify any of the provisions, especially provisions having to do with property division. However, the law does allow for modifications in some instances.

How Do You Establish Paternity in Illinois?

Paternity is not always a straightforward process. If someone is found to be the father of a child they will have the duty to pay child support, and will probably have the right to have regular parenting time with the child. Whatever side of the case you are on, you need to understand what happens in paternity cases. 

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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road - Building B, Suite 202
Wheaton, IL 60189

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