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The Stogsdill Law Firm, P.C.
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Wheaton divorce lawyer

Even under the most amicable circumstances, divorce signifies the end of a relationship, and that can be difficult for both parties. Unfortunately, divorce can also bring out the worst in people, especially if one or both parties feel wronged or slighted. To obtain the best results in your divorce, it is important to hire a reputable divorce lawyer to guide you through the legal process.

It is natural to want to do independent work apart from your lawyer to strengthen your case. Especially if your case involves infidelity or financial mismanagement, you may be thinking of using certain spy tactics to obtain hard evidence to use in court. However, this type of spying can be tricky, because some of these tactics are illegal, and evidence that was obtained illegally cannot be used in court. When attempting to uncover information during your divorce, you should speak with an attorney to find out which options are legal to use during your divorce proceedings.

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Wheaton divorce attorneyCan you blame your divorce on where you live? In most cases, the answer is “no;” divorce and place of residence do not usually correlate. However, if you live in Illinois in any of the ten cities listed below, your likelihood of getting divorced may be higher than for those in some of your neighborhood counties.

According to the U.S. Census Bureau’s American Community Survey, the number of divorced people in Illinois is close to 1,000,000 people. Throughout the United States, there are over 28 million people who are divorced. Note that the census defines “divorced” as people whose divorce has been finalized (not including married couples who are separated) and who have not remarried. Illinois is actually one of the states with the lowest divorce rates; at a rate of 9.7%, it falls below the national divorce rate of 10.9%

In Illinois, the city with the highest divorce rate is East Alton, a village in Madison County. The top 10 cities in Illinois with the highest divorce rates are as follows:

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wheaton asset division lawyerDivorce can be difficult for everyone involved. After you make the decision to divorce, you will want to be sure you will have the financial resources you need after completing the divorce process. During the divorce proceedings, you might be tempted to “rip it off like a Band-Aid” and get things over with as soon as possible. While this may seem like an easy strategy, it will not necessarily benefit you, and making decisions too quickly could result in significant financial difficulties in the future. Below are two important tips to keep in mind as you complete the process of dividing marital assets during your divorce.

Know the Liquidity of Your Assets

Liquid assets are assets that can be easily obtained and assessed, such as bank accounts, retirement funds, 401(k)s, etc. Other types of property, like a home or a car, are called illiquid assets, because while their value may be high, it can be a difficult process to sell that property at its actual cash value.

Marital property may be divided in a way in which one party receives liquid assets, while the other receives illiquid assets. However, for the party who received illiquid assets, such as the house, complications can arise. If the assets are tied up in the value of the house, they may struggle to pay expenses such as utility bills and property taxes. During the process of marital property division, it is important to make sure both parties have liquid assets, or else one party may need to sell their home in order to cover their basic living expenses.

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Posted on in Divorce

Wheaton Divorce AttorneyWhen a couple decides to get married, the thought of separation seems like an impossibility. Yet the rigors of an emotional relationship, raising children, and working full-time can put a strain on any marriage. When a marriage begins to present challenges, most people realize that a marriage takes work and that there will be good times and bad times. But when the bad begins to overwhelm the good, you owe it to yourself and your family to make a change. A divorce can represent an opportunity to start anew and live the type of life that you deserve. If you are considering a divorce, it is time to speak with a legal professional.

Aspects of an Unhealthy Marriage

When a marriage is no longer healthy, it is time to consider a divorce. While the divorce process can seem daunting, removing yourself from a marriage that is no longer working can ultimately be one of the best decisions of your life. Listed below are some of the most common reasons people choose to pursue a divorce from their spouse.

Lack of Trust: One of the pillars of marriage is the ability to trust your partner. Once trust has been splintered in a relationship, that relationship is no longer healthy or functional. A spouse can lose their trust for their partner for reasons ranging from infidelity to irresponsible parenting to reckless spending. If you can no longer trust your spouse to be a good parent, remain faithful to you, or spend responsibly, you need to look into filing for divorce.

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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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