630-462-9500

After Hour New Client Telephone Number 630-690-6077

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

wheaton divorce lawyerFiling for divorce is never easy, but for victims of domestic violence the prospect of a spouse or partner finding out about a divorce filing could pose a serious threat. Sometimes victims are afraid to talk to anyone about their home situation - a fear backed by research showing that victims who try to leave their abuser often face severe retribution. 

If you are considering divorce and want to know about your options, you may wonder if it is possible to discreetly hire an attorney without telling your spouse. In this blog, we will discuss the expectation of privacy between an attorney and a client. It is important to remember that a qualified Illinois divorce attorney is the best person to answer any questions you may have. 

Are Consultations With Attorneys Protected by Client Privilege? 

Generally speaking, when a prospective client is looking for legal advice or representation from an attorney, the meeting is confidential even if the potential client does not hire or pay the attorney. If there is an expectation that the conversation is private, the attorney cannot share the contents of that conversation without asking for the client’s permission. This is true even if the relationship between the attorney and the client ends - and even if the client dies. Just to be safe, if you are concerned, you can confirm with an attorney that the meeting is private before sharing any details. 

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wheaton divorce lawyerIllinois courts prefer couples to work together and resolve issues in their divorces without extensive trial litigation. Mediation and collaborative divorce can be helpful ways to do this, but they are not effective for everyone. This is especially true if one spouse is the victim of domestic violence. Domestic violence is tragically still present to a substantial degree in Illinois, and for many families, Covid made the situation worse. Domestic violence-related issues in divorce, including physical violence, threats, and manipulation, usually cannot be handled with mediation, and require the help of an Illinois family court. 

Am I in an Abusive Relationship? 

Domestic violence can take many different forms, but it can affect anyone. Common types of domestic abuse include: 

  • Sexual or reproductive abuse - Sexual abuse in a marriage takes place when one spouse forces the other to participate in unwanted, dangerous, or humiliating sexual behavior. This can happen concurrently with consensual sex, which can complicate the feelings of the victim. Some spouses will also manipulate the use of birth control to compel the other spouse to have a child without their consent. 

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wheaton divorce lawyerSignificant achievements in technology and a surge of do-it-yourself sentiment have made all kinds of things available for people in ways they have never been before. People now do their own home improvements, grow fruitful gardens in small spaces, and make food at home that easily beats most restaurants. 

With these trends, a proliferation of do-it-yourself legal technology has also become available. From the comfort of your own office, you can write a prenuptial agreement, create a will, and even get divorced using online software. But does that mean you should? Online legal services promise a quick, easy, and inexpensive solution to getting divorced, but they often overpromise and underdeliver. Here are some things to consider before you use one to get divorced. 

Online Software Cannot Replace an Attorney’s Advice 

No two divorces are alike. Using a one-size-fits-all method to address your divorce could leave several important issues unaddressed. Although you may have a prenup and few shared assets, and therefore think your divorce could be quick and easy, you may be surprised to discover that your spouse is fighting the prenup and that the court finds it invalid. Then what are your options? 

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wheaton divorce lawyerEstablishing the paternity of the child born in Illinois is an important legal process that can benefit everyone. The child’s father needs to know he has a child, the mother often needs help financially supporting a child, and a child deserves a relationship with both of her parents. 

Sometimes, however, the mother may struggle to officially establish paternity because the alleged father does not want the responsibility of having a child and is avoiding paternity testing. Illinois law provides help for mothers in this situation. 

How Can I Prove Paternity in Illinois? 

When a couple is married, Illinois law presumes the husband to be the father. However, when two people are not married, things are a little more complicated - even if they are in a relationship. The easiest and most common way of establishing paternity is by having both parents sign a Voluntary Acknowledgement of Paternity (VAP). This is frequently done at the hospital when the child is born, so both parents can be listed on the child’s birth certificate, but both parents must be present and agree to have each other sign the VAP. 

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wheaton divorce lawyerThere is never an ideal time to get divorced, but getting divorced while one spouse is deployed poses particular challenges because there are specific laws that apply to military divorces that do not apply to civilian divorces. 

 In this blog, we will discuss some of the most common questions people have about getting a military divorce in Illinois. Keep in mind that this is not intended to be legal advice and that an experienced Illinois divorce attorney is the best source for answers to your questions. 

How Do I Establish Residency for a Military Divorce in Illinois? 

 Requirements for proving residency in Illinois are largely the same for military and non-military couples. To file for divorce in Illinois, one spouse must either be residing in Illinois for 90 days or be stationed in Illinois for 90 days. 

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