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Posted on in Divorce

Lombard divorce lawyer trialWhile most people assume that the divorce process is heated and highly contentious, many divorces can be resolved through settlement agreements. Divorcing spouses may be able to reach an agreement through mediation or negotiations between the spouses and their respective legal teams. In some cases, however, certain issues cannot be resolved, and the divorce has to go to trial. In the event of a divorce trial, proper preparation is critical to securing a positive outcome for you and your family. If you are contemplating divorce, it is important to seek out the legal guidance of a professional you can trust. 

Four Critical Pre-Trial Steps 

Once your divorce goes to trial, the decisions made by the judge will depend on the evidence presented and the performance of both you and your attorney throughout the trial. While a judge’s decision can be appealed in some cases, these decisions are usually final. Before you go to trial, it is crucial to be as prepared as possible by taking the following steps: 

  1. Be Professional: As you get ready for the trial, your attorney will speak with you regarding appropriate behavior in the hearing process. Wearing appropriate clothing, only speaking when asked to speak, and not using your mobile phone while in the courtroom are great places to start. It is also important for you to remain composed and avoid being disrespectful while your spouse is testifying. Proving that you can keep your cool throughout the trial can only work in your favor. 
  2. Prove Your Responsibility as a Parent: If you are hoping to secure significant parenting responsibilities in your trial, you need to show that you are prepared for independent parenting. Be ready to answer questions regarding your views on your child’s academic goals, extra-curricular activities, and health. Demonstrating that your living arrangement is suitable for a child can also go a long way in impacting a judge’s decisions. 
  3. Discuss Your Goals: During pre-trial discussions with your attorney, you should discuss your goals for the trial. If there are specific marital assets you hope to secure, your attorney can develop a strategy based on retaining ownership of those assets. If your top priority is child custody, your lawyer’s pre-trial preparation will be centered around the steps you need to take to ensure you have a meaningful relationship with your children moving forward. 
  4. Prepare for Testifying and Potential Cross-Examination: It is understandable to feel nervous as you prepare for a divorce trial. Testifying in court can be a nerve-wracking experience, and facing potential cross-examination from your spouse’s legal team can cause a great deal of anxiety. With the help of your attorney and extensive practice and preparation, you will be ready to answer any questions posed to you. 

Contact a Wheaton Family Law Attorney 

When divorcing from your spouse, it is common to feel a wide array of emotions. As you navigate the legal and emotional aspects of your divorce, a knowledgeable lawyer can assist you in resolving the issues that arise. At the Stogsdill Law Firm, P.C., we will assist in negotiations between you and your spouse or help guide you through the mediation process. If your divorce goes to trial, we are prepared to aggressively litigate on your behalf. To schedule an initial consultation with an experienced DuPage County divorce attorney, call us today at 630-462-9500.

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Naperville divorce lawyerThroughout the United States, thousands of people pursue divorce each year, and the process of ending a marriage can be contentious and stressful. Due in large part to the stressors that accompany a divorce, many people make mistakes that can cost them both financially and emotionally down the road. It is important to remember that the first and most important step you can take as you prepare for a divorce is hiring the right attorney. 

Avoiding Costly Divorce Mistakes 

Many divorcing spouses make unwise decisions that are often due to strong emotions or a lack of preparation. Listed below are some of the most common mistakes that can plague a divorce:

  • Forgetting About Finances: As you separate from your former spouse, there are many details that need to be settled. Many of the most complex and important, aspects of a divorce revolve around finances. Failure to focus on the financial side of your divorce can result in the loss of valuable marital assets and a lack of future retirement funds, among other concerns. One of the first discussions you should have with your attorney is a dialogue related to your finances. Disclosing an accurate portrayal of your financial situation and ensuring that your attorney understands your financial goals can make all the difference in your divorce. 
  • Not Thinking About Children: Regardless of why a couple chooses to pursue a divorce, the process can become heated. However, when children are involved, it is important to keep a level head. The easiest and simplest way to develop a parenting plan is through cooperatively establishing a parenting schedule with your ex-spouse. If you are unable to reach an agreement regarding parental responsibilities, matters related to child custody will be settled in court, leaving the ultimate decision completely out of your hands. Putting emotions aside and working with your former spouse in a cooperative manner to reach an agreement can also be a valuable experience that will lay the foundation for your future cooperation as co-parents. 
  • Acting Aggressively: As mentioned above, it is not uncommon for divorces to become hostile. Still, acting in an aggressive or disrespectful manner toward your spouse is likely to have a negative impact on your divorce case. Even if you are justifiably angry at your ex, it is best to avoid criticizing them in public, such as on social media. When you are working with your attorney, your spouse, and their lawyer, it is wise to remain composed. Many issues surrounding a divorce can be settled through negotiations with legal counsel, or with the assistance of a third-party mediator. In the event that your divorce is settled in court, any aggression towards your spouse either inside or outside the courtroom can have a significant negative impact on the decisions made. 

Contact a DuPage County Family Law Attorney 

At the Stogsdill Law Firm, P.C., we understand how emotionally trying a divorce can be. As you navigate the difficult process of separating from your spouse, we are prepared to represent you diligently throughout the entirety of the divorce process. Hiring the right attorney can be critically important in protecting your financial health and the well-being of your children. Our attorneys are confident in our ability to help you secure a positive divorce settlement. To schedule an initial meeting with a Lombard divorce attorney, call us today at 630-462-9500. 

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Naperville divorce attorney appealWhen a couple pursues a divorce, the ideal situation revolves around securing a mutually beneficial settlement. When a couple can work together, either through a collaborative divorce or the assistance of a mediator, issues can be resolved on the couple’s terms. However, in some cases, couples are unable to work together to find a resolution, and litigation is necessary. 

Your divorce will affect a wide variety of issues, ranging from child custody to the division of marital property, and a judge’s decisions can have a monumental impact on your life. If you are unhappy with the outcome of your case, it may be possible to pursue an appeal. An experienced attorney can help you understand your options for appealing a divorce judgment and represent the best interests of your family throughout the legal process. 

Understanding the Appeals Process in Illinois 

The first thing to understand is that an appeal will only be warranted if some sort of error was made during the trial. Examples of legal errors could include an instance in which the judge did not have access to all necessary information, or if the decisions made did not follow the law correctly. Once your attorney has established that your appeal is based on reasonable grounds, it is important to act quickly. Appeals must typically be filed within 30 days after the divorce judgment.

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Lombard divorce and child custody lawyerAccording to the American Psychological Association (APA), more than 40% percent of marriages throughout the United States ultimately end in divorce. Separating from your spouse can be an incredibly turbulent and emotional time in your life, and for parents, a divorce can be especially difficult. As you navigate the divorce process, it is important for you to remain engaged as a parent. Seeking assistance from a qualified attorney can allow you to focus on the well-being of your family as you work to finalize your divorce. 

Divorce as a Parent  

When children are involved in a divorce, it is important to act with extreme care. For children, the divorce of their parents can be uniquely challenging to grasp and cope with. Listed below are a few key steps you should take as you juggle being a parent and separating from your spouse:

  • Remain Engaged: Throughout your divorce, it is critical to reassure your child that you will always be a part of their life. You can do this through fun family activities like going to see a movie or going to the park. It is also important to demonstrate that you are still fully invested in the things that they are passionate about and make sure that you do not miss any important extracurricular activities. It should be noted that many children begin to struggle with academic performance during divorce, so speak with teachers, coaches, and other key figures in their lives as they go through this difficult time. 
  • Talk With Your Kids: Speaking with your children regarding your divorce can be one of the most difficult conversations you ever have as a parent. However, these conversations can make all the difference in alleviating any concerns your child may have about your separation. Be willing to answer difficult questions and remember to remain calm, even if your child becomes agitated or flustered. In a lot of divorces, children will irrationally blame themselves for the divorce of their parents, so open and steady dialogue and reassurance can be key to their mental and emotional health. 
  • Develop a Custody Strategy: As you begin to speak with your attorney about the resolution of your divorce, one of the first things that will need to be addressed is child custody. As a parent, you need to know what your custody goals are. A joint custody agreement is often the best option for children, because it enables them to maintain a relationship with both parents. In other cases, joint custody is not a healthy option, and you may look to secure sole custody. If you look to pursue sole custody, speak with your attorney about the possibility of receiving child support payments from your spouse. 

Contact a Wheaton Family Law Attorney 

The emotional aspects of a divorce can be incredibly challenging to cope with, as separating with a spouse is never easy. Unfortunately, divorce can present a number of unforeseen complications that may be completely unrelated to the emotional side of a separation. At the Stogsdill Law Firm, P.C., our legal team is dedicated to resolving the nuanced aspects of your divorce while protecting your parental rights and your children’s best interests. To set up a consultation with a knowledgeable and compassionate DuPage County divorce lawyer, contact us today at 630-462-9500. 

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Wheaton divorce lawyer emotional financial issuesEvery year, thousands of Americans make the difficult decision to pursue a divorce. While many divorces can be resolved amicably through collaborative divorce or mediation, a substantial percentage of divorces become too heated for joint participation. Throughout the divorce process, you are likely to feel a wide array of emotions. Maintaining a level of calmness and composure throughout your divorce can be critically important in ensuring you do not fall into some of the most common mistakes divorcing spouses can make. 

Frequent Mistakes Made in Divorce 

A divorce can be the right decision for you for any number of reasons. If your partner has been dishonest, has recklessly spent marital assets, or communicates with you in an unhealthy manner, your best option may be to get out of the relationship. Listed below are some of the most common errors people make as they navigate the divorce process: 

  • Acting Recklessly: As you finalize the separation from your spouse, it is easy to become aggravated and angry. However, even if your spouse begins to behave in an unprofessional manner, it is important for you to remain composed. If you berate your spouse during court proceedings, your behavior will likely have a negatively impact on the court’s decisions. Additionally, bad-mouthing your spouse to friends or family or posting disparaging remarks about them on social media can only provide ammunition for your spouse’s legal team to utilize. 
  • Forgetting About Finances: The emotions of a divorce can be overwhelming, but the complicated aspects of divorce can be nuanced and intricate. Failure to recognize the importance of the financial aspects of your divorce can jeopardize your future. You should always closely evaluate any settlement agreements, from tax issues to retirement plans. While your attorney can assist you through the complex financial aspects of your divorce, it is incredibly important for you to remain involved and engaged in these matters. 
  • Not Considering the Children: Even if your relationship with your spouse has deteriorated into hostility, it is important to consider the well-being of your children as you make decisions about child custody. Joint-custody parenting can enable your children to maintain meaningful relationships with both parents. Additionally, it can be difficult for sole-custody parents to consistently receive the full child support payments they need to provide for their children. In 2013, only 45% of all sole-custody parents received their child support payments in full. Working to develop a professional parental relationship with your spouse after your divorce is often the best option for you and your children. 

Contact a Wheaton Family Law Attorney 

At the Stogsdill Law Firm, P.C., our legal team is fully aware of the emotional challenges of divorce. Still, it is important to act in a professional and cordial manner throughout the entirety of the divorce process. We are more than happy to speak with you regarding the common mistakes that separating spouses can make. A divorce is a fantastic opportunity to begin a new chapter in your life and rediscover happiness, but the process of divorce is one that needs to be handled properly. To schedule an initial consultation with a DuPage County divorce lawyer, contact us today at 630-462-9500. 

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