Posted on August 10, 2025 in Alimony

If you are preparing for a divorce in Illinois, the issue of spousal maintenance (also known as alimony or spousal support) may be one of your biggest concerns. Whether you are likely to pay or receive support, it is important to understand how the law works, what courts consider, and how recent updates may impact your case.

Whether you anticipate paying or receiving alimony, having an experienced, aggressive DuPage County, IL divorce attorney on your side is an important first step. Here are five essential things to know about spousal maintenance in a 2025 Illinois divorce, particularly in DuPage County.

Illinois Courts Do Not Award Alimony Automatically

Unlike child support, which follows strict formulas when minor children are involved, spousal maintenance is never guaranteed in a divorce. The court must first decide whether one spouse is entitled to maintenance at all. This decision is governed by Section 504 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504).

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 Posted on July 31, 2025 in Mediation

 Collaborative law and mediation are two alternative dispute resolution methods that allow couples to resolve divorce issues outside of the courtroom. Although they share common goals, such as reducing conflict, saving time and cost, and maintaining privacy, they differ significantly in approach, structure, and the level of legal involvement. As of July 2025, Illinois courts continue to support both processes, especially because many judges favor out-of-court settlement efforts whenever feasible.

If you are considering divorce and want to understand which process might suit your circumstances best, it is important to speak with a seasoned Wheaton, IL divorce attorney who can explain the pros and cons of each option based on your specific family, needs, financial situation, and goals.

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 Posted on July 24, 2025 in Child Custody

Parents of children with special needs or disabilities are, statistically, more likely to face divorce. Yet a divorce hardly solves the difficult problems of caring for such a child; in certain cases, divorce can aggravate disagreements about a child’s care and place greater caregiving burdens on parents who are already exhausted and burned out.

Parents often ask how Illinois courts handle child support, decision-making responsibilities (child custody), and parenting time (visitation) for a child who may need care well into adulthood. Understanding your legal options and obligations is essential to ensuring your child’s needs are met both now and in the future, and our experienced team of Wheaton child custody attorneys is here to help. 

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 Posted on July 17, 2025 in Property Division

When spouses divorce in Illinois, deciding who will keep the family dog, cat, or other beloved pet can be a contentious issue. Many people consider their pets to be important and beloved members of their family, but under Illinois law, animals are treated differently than children in divorce proceedings. Our Wheaton, IL divorce attorneys are here to help you understand how the law applies to pets in a divorce. Beyond that, we will help you prepare for the overall process, including any other issues that need to be addressed. 

How Are Pets Treated in Illinois Divorces?

Under Illinois law, pets are legally considered personal property. This means that, like cars, furniture, or bank accounts, pets are subject to property division during a divorce. However, Illinois has taken steps to recognize the special place pets hold in families. As of July 2025, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503(n)) continues to allow courts to consider the well-being of companion animals when determining ownership in divorce cases.

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 Posted on July 07, 2025 in Property Division

Student loan debt has become a central issue in many divorces, especially when one or both spouses pursued advanced degrees or took out large loans before or during the marriage. For divorcing couples in DuPage County, the question of who pays for student loans after divorce is not always straightforward. It depends on a range of factors, including when the loans were taken out, how they were used, and how property is divided during the divorce process.

Whether you are the spouse who earned the degree or the one who supported your partner’s education, it is important to understand how Illinois divorce courts treat student loan debt. An experienced Wheaton, IL divorce attorney can help you develop a clear financial strategy as you prepare for settlement negotiations or litigation.

Are Student Loans Considered Marital Debt in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act, property and debts are classified as either marital or non-marital. Only marital property and marital debt are divided during divorce. Non-marital assets and debts typically remain with the spouse who owns them.

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 Posted on June 27, 2025 in Child Support

Following a separation or divorce, child support payments are essential to ensuring that a child’s needs are met. Unfortunately, not all parents will comply with these court-ordered obligations, and some will deliberately try to avoid paying child support by quitting a job or taking a lower-paying job. Unpaid child support can lead to serious financial hardships for the receiving parent and the child.

Thankfully, Illinois law (Chapter 40, 750 ILCS 5/505) provides a range of enforcement tools to help parents obtain the child support to which they are legally entitled. If you are dealing with partial child support payments, late payments, or deliberate, willful noncompliance, speaking to an experienced Wheaton, IL child support lawyer can make a difference.  

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 Posted on June 25, 2025 in Divorce

Some people may believe that choosing a divorce attorney is as simple as typing in "divorce attorney in my area" on Google and choosing the first one that pops up. After all, one divorce attorney is much like the next, right? While it would make choosing a divorce attorney easier if this were true, in fact, it is not.

Having a divorce attorney who fully understands your needs, communicates clearly, and advocates fiercely on your behalf can make a difference in the outcome of your divorce. Not every divorce attorney will be a good fit for you and your unique situation. Recognizing the signs that a divorce attorney may not be the right fit for you early in the process can save you time and stress.

It can also save you from dealing with unfavorable results. If you are facing the uncertainty of divorce, it can be very beneficial to speak to an experienced Wheaton, IL divorce attorney from The Stogsdill Law Firm, P.C. to discuss your divorce goals.

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 Posted on June 12, 2025 in Divorce

According to a recent article, many Americans who want to get divorced are putting it off, thanks to the current economic environment. A full 62 percent of Americans say they live paycheck to paycheck, which leaves little extra money for a divorce. More than 37 percent of married people say they stayed in their marriage at least a year longer than they wanted to because of the cost.

Major breadwinners in a marriage may be unwilling to divorce a spouse and hand over a significant amount of their income for child support and alimony. At the same time, stay-at-home parents can be hesitant to leave the financial safety of their marriage, no matter how untenable the relationship may be. In an effort to save money on the divorce, some couples will decide that a DIY divorce using internet forms will work just fine.

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 Posted on May 30, 2025 in Divorce

Selling a home, particularly one you have spent a considerable amount of time living in or raising your children in, can be difficult. Going through a divorce can also be difficult and emotional. When you are forced to do both these things at the same time, you may end up feeling emotionally exhausted. There are many different scenarios in a situation like this. The court may have ordered the sale of the marital home, with the proceeds from the sale to be split in a specific manner.

One spouse may be allowed to remain in the house with the understanding that he or she will manage the sale, or both spouses may move out and work together to sell the house. In most cases, the Marital Settlement Agreement will set forth the details of the home sale and may even include a specific time limit for the sale.

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 Posted on May 27, 2025 in Child Custody

Disputes regarding visitation ("parenting time" in Illinois) can be frustrating and emotionally draining for all involved. During a divorce, if the parents are unable to work out the allocation of parental responsibilities, parenting time, and a parenting plan on their own, the court will do it for them. Once those decisions are made and the terms are outlined in the parenting plan, both parents are legally required to follow those terms.

When one parent refuses to allow the other his or her assigned parenting time, the parent-child relationship can be damaged, plus the noncompliant parent may be violating Illinois law. To be clear, there are very few instances where a parent can legally deny parenting time to the other, absent a court order. If your ex prevents you from having your court-ordered parenting time, speaking to an experienced Wheaton, IL family law attorney is important.

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