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.
Recent blog posts

Wheaton, IL annullment lawyerPeople 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, an annulment means that the marriage was never valid in the first place. Therefore, the court treats the marriage as if it never actually occurred. Understand that the annulment of a marriage is not a legal separation but rather a way for two people with an invalid marriage to depart the marriage lawfully. For a marriage to be declared invalid in Illinois and thus qualify for an annulment, a Declaration of Invalidity can be filed by either partner in the invalid marriage, an attorney for the state, a child of either party or the legal spouse when a bigamous marriage has taken place. Bigamous marriages are when someone enters a marriage while legally married to someone else. 

What is a Prohibited Marriage in Illinois? 

In Illinois, a prohibited marriage involves one of the following situations:

...

Continue Reading...

DuPage County child support modification lawyerLosing 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 your job and want to inquire about modifying child support payments, contact a knowledgeable attorney to help you through the modification process to ensure your and your child’s needs are protected.

What is the Law in Illinois Regarding Child Support Modifications? 

In Illinois, when a couple with children goes through a divorce, the law stipulates that modifications can be made to child support payments if either spouse experiences a significant change in income, such as losing their job or an involuntary decrease in their salary. The court will examine your updated circumstances and then may move forward with granting a reduction in child support payments. Notably, the newly calculated payments will be retroactively established on the date you requested the modification of your child support payments. During this time, payments must continue to be made at the original level. Once the child support modifications have been approved, you can begin paying the new amount. 

It is important to note that modifications of child support can only be made due to unexpected events, such as losing your job, having your salary significantly reduced, or another substantial change happens to you, your child, or your ex-spouse, such as one of you getting diagnosed with an illness that involves significant medical expenses. Furthermore, you cannot voluntarily quit your job and request a modification in child support payments. 

...

Continue Reading...

Wheaton, IL debt division lawyerCredit 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 card debt. If you are getting a divorce and are concerned about how credit card debt will be handled, consider contacting a knowledgeable Illinois divorce attorney who will ensure your rights remain protected throughout the divorce process. 

How Is Credit Card Split in Illinois Divorce? 

Understand that if the credit card debt were acquired during the marriage, the creditor would likely cite you and your spouse as the party responsible for it. On the other hand, if either spouse incurred the debt before they became married, the debt is likely to be considered personal debt and must be paid for by whoever bought the items.

...

Continue Reading...

Wheaton, IL parenting time lawyerWhen 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 the court. Parents may elect to submit a parenting plan jointly or separately. Within this parenting plan exists a schedule for parenting time. Many different variables must be considered when figuring out how to determine the best parenting time schedule. To help ensure the creation of a parenting schedule is as smooth as possible, consult with an experienced Illinois parenting time attorney who can help ensure the process of creating a valid parenting schedule goes as smoothly as possible. 

Visitation Rights in Illinois

In the state of Illinois, parents generally have the right to visitation and parenting time with their kids. When two parents are deciding how best to go about creating a parenting schedule, factors may include the following: 

...

Continue Reading...

Wheaton, IL dissipation of assets attorneyFew 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 acts in a way that causes financial harm to the other. For example, suppose you are getting a divorce and believe your spouse is recklessly indulging themselves in expenditures unrelated to the marriage, like using money to fuel a gambling or drug addiction. In that case, you may be able to file for a dissipation of assets claim. To understand how to proceed while ensuring your rights and best interests are protected, contact an experienced divorce attorney who has worked with cases where the dissipation of assets was a factor during divorce proceedings.

What Constitutes a Dissipation of Assets? 

All assets acquired by either spouse during a marriage are referred to as the marital estate. During a divorce, couples must split up the marital estate equitably. Unfortunately, there are certain cases where the reckless actions of a spouse led to a drop in the value of the marital estate. In some instances, these reckless actions may constitute dissipation of assets. If a spouse behaves in such a manner, the other spouse should bring these matters to the court's attention to ensure that the marital estate is divided appropriately. Asset dissipation can look like a lot of different behaviors, including the following: 

...

Continue Reading...

Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
*
*
*
Back to Top