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1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
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DuPage County child custody attorney

Technology has changed the way we communicate with loved ones, do our jobs, and generally interact with the world. If you are getting divorced, there are several things you should keep in mind with regard to your digital life. Social media is becoming increasingly relevant in divorce cases and family law disputes. Your use of technology and the Internet may seem unrelated to your divorce at first glance, but there are many different ways that social media, smartphones, email, and other online-based services can impact the outcome of your divorce. In some cases, it can affect spousal maintenance (alimony) and the allocation of parental responsibilities (child custody). 

Change Your Passwords

According to one study, 67 percent of respondents reported that they knew their spouse’s log-in credentials. Even if you and your soon-to-be ex-spouse are on amicable terms, it is still a good idea to change your passwords when you separate from your spouse to maintain a sense of privacy. It may also be helpful to turn off “location sharing” on applications and websites. You may be logged into your email, Facebook account, or your bank’s website on shared devices like tablets or laptops and not even realize it. It is recommended that you change passwords for:

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DuPage County divorce attorney division of property

When a married couple decides to divorce, one of the most pressing questions is often, “What should we do with the family home?” Some individuals decide to stay in the family home and “buy out” their soon-to-be ex-spouse. Other times, one spouse takes ownership of the home while the other spouse receives property that is roughly equal in value. For some divorcing couples, the choice that makes the most sense is to sell the home and split the profits. Selling your home while going through a separation or divorce can be very complicated both personally and legally. There are several things you should keep in mind when deciding how to handle your family home when it comes to the division of property in your Illinois divorce.

Financial Concerns Regarding the Sale of Your Home

Before proceeds from the sale of your home can be divided, you will need to pay off the mortgage as well as any second mortgage or home equity line of credit. You must also pay the brokers’ fees and any capital gains tax that applies. Tax liability may not be high on your list of concerns, but it can have major financial ramifications during the sale of a house. 

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Wheaton divorce and parenting plan lawyerWhen Illinois parents get divorced, or when unmarried parents are separated, they are expected to create a parenting plan that designates when the child will spend time with each parent and how parents will share parenting obligations. However, forming a plan that both parents find acceptable is not always easy. Disagreements about the allocation of parental responsibilities and parenting time can be some of the most emotionally-charged legal disputes in all of family law. If you are a parent, you may understandably have strong feelings about these matters. There are a number of factors that contribute to child custody decisions. Often, these include the child’s preferences.

Illinois Law Regarding Parental Responsibilities and Parenting Time

Parents who cannot reach an agreement about parental responsibilities and parenting time have several options. They may negotiate the terms of their parenting plan through their respective lawyers, work on a resolution through mediation or collaborative law, or litigate the case in court. Illinois courts make all child-related decisions based on what is in the child’s best interests. When determining a parenting plan on behalf of parents, the court will consider multiple factors, including each parent’s wishes, the child’s school situation and extracurricular activities, the parents’ work schedule, any past instances of domestic violence or abuse, and the wishes of the child.

Children’s Opinions May Impact Child Custody Cases

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) states that a child’s preferences should be taken into consideration by the court during child custody proceedings. However, the law also states that the child’s maturity and reasons for his or her preferences should be considered. Small children may be unable to express their wishes. Sometimes, children may express a preference for one parent over the other because that parent has less restrictive household rules or is otherwise more “fun.” However, if the child has a good reason to prefer a certain custody arrangement, it is likely that this preference will influence the outcome of the case.

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DuPage County divorce lawyer petition discovery trialThere are two types of divorce cases: contested and uncontested. An uncontested divorce is one in which the spouses are able to come to an agreement about property division, parental responsibilities, parenting time, spousal support, and any other issues that must be resolved before their marriage can be dissolved. If the spouses cannot reach an agreement about one or more of these issues, they enter into a contested divorce. Read on to learn about the typical steps involved in an Illinois contested divorce and how you can get the legal support you need during this process.

Filing a Petition for Dissolution of Marriage

The first step in the Illinois divorce process is filing a Petition for Dissolution of Marriage with your county circuit court. The person who files the divorce Petition is called the petitioner, and the other spouse is referred to as the respondent. When you file for divorce, you have a legal obligation to notify the respondent. You may do this in person, via certified mail, or through a deputy sheriff. The respondent must respond to the petition within 30 days, and he or she may file a response to the petition or a counter-petition.

Discovery

The term “discovery” is used to refer to the divorce phase in which spouses and their lawyers gather information about income, assets, child-related issues, and other matters relevant to the divorce case. This process may include financial disclosures, requests for production, interrogatories, admissions of facts, and depositions. The exchange of such information will ensure that both parties have the facts necessary to support their claims and arguments during a contested divorce.

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Wheaton, IL Child Support LawyerChild support may be ordered to ensure that unmarried or divorcing parents share in the costs of raising their children. Typically, the parent with the majority of parenting time is the recipient of child support paid by the parent with less parenting time. Child support can be an essential resource for providing for children’s needs, but it can also be a heavy financial burden on the paying parent. This may be especially true if the paying parent has more than one child support obligation. If you share children with your current spouse and are planning to get a divorce, you may wonder how previous child support obligations will influence any additional child support determinations.

How Much Will My Child Support Payment Be?

Along with many other family law modifications, substantial changes to the way Illinois courts calculate child support were instituted in 2017. Child support is no longer simply a percentage of the obligor, or paying parent’s, income. Child support orders entered under the updated law are calculated using the Income Shares Model, which takes both parents’ income and other factors into account. Child support payments are now calculated using the following steps:

  • Both parents’ net income is combined in order to establish the overall financial resources available to the child.

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