Posted on July 30, 2021 in Property Division

The legal and financial aspects of marriage are often overlooked in our romantic conception of relationships. However, finances are an important part of any marriage – and perhaps even more important in a divorce. One particularly difficult aspect of determining how marital property is divided in a divorce is the valuation and division of complex assets, especially when those assets and the individuals who own them have a high net worth.

What is a Complex Asset?

Complex assets include assets made up of multiple components, each of which may contribute to the asset's value. For example, an investment portfolio that has funds in securities, bonds, and small-cap stocks can change in value from day to day and would be considered a complex asset. By contrast, cash in a savings account, a car, or any other asset which may be quickly sold for an easily estimated amount of money would not be considered a complex asset.

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 Posted on July 29, 2021 in Family Law

Pursuing an adoption in Illinois is a wonderful way to expand your family, but it can also be a lengthy and expensive process. Whether you adopt through a private arrangement with a biological parent, an agency adoption, or a related adoption such as a stepparent adopting a stepchild, the adoption process can have many complications and emotional pitfalls. Recognizing this, the Illinois State Legislature recently passed a bill designed to streamline the adoption process. Senate Bill 107 was passed unanimously and is expected to be signed into law by Governor Pritzker. Among other issues, the bill addresses the following:

Eliminates Residency Requirements

Senate Bill 107 eliminates the residency requirements for adoption of a child placed by an Illinois State-licensed child welfare agency, adults adopted by former stepparents, and adoption of a child born in Illinois or has lived in Illinois for at least six months before the beginning of the adoption proceedings. This will make it easier for parents who just moved to Illinois, or for couples or individuals who may not be Illinois residents, to adopt a child in Illinois.

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 Posted on July 27, 2021 in Alimony

Spousal maintenance (formerly known as “alimony”) is one of the most contentious issues in an Illinois divorce or divorce order modification. The receiving spouse often feels entitled to maintenance, and the paying spouse often feels as though they cannot or should not have to pay someone they are no longer married to.

Illinois law provides specific guidance for how courts determine how much, if any, spousal maintenance should be paid. It also provides for specific circumstances that can exclude a former spouse from receiving more maintenance payments. Read on to learn more about the factors a court considers when deciding spousal maintenance, and how you can contest a request.

How is Spousal Maintenance Decided?

Alimony is not necessarily given to spouses after a divorce. Every circumstance is slightly different, but there are several factors judges consistently consider when deciding on alimony payments. These include, but are not limited to:

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 Posted on July 23, 2021 in Divorce

Research suggests that getting divorced can be one of the most difficult and disruptive life events for everyone involved. A divorcing couple has often built up years of resentments, and it can be hard to remember that they ever saw anything good in each other. One potential consequence of this hostility is that parents will often try to get sole custody of their child. They may try to convince the court that the other parent is so unfit that they should not have any say in important decisions regarding the child. Sometimes, this is based on the sincere belief that sole custody is in the child's best interests. Sometimes it is done, unconsciously or otherwise, out of a desire to hurt the other spouse.

The truth is that being the only parent to have all the parental responsibilities may have benefits, but it may also have drawbacks. Parents should make a sincere effort to consider their child's best interests and whether they would be served by a sole custody arrangement.

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 Posted on July 21, 2021 in Child Custody

Unfortunately, some divorces are so fractious and bitter that parents cannot decide upon a parenting plan that works for everyone. Sometimes, both parents are struggling with personal issues that get in the way of their parenting capabilities. Perhaps one parent will make accusations about another parent's behavior, and a judge is unsure whether the accusing parent is telling the truth.

These are just a few examples of situations in which a court may decide to appoint a custody evaluator. Formally, these situations are known under Illinois law as “604b Evaluations” – when the court asks an outside representative to investigate and make a report or recommendation regarding how parental responsibilities should be allocated.

What is a Custody Evaluator?

A custody evaluator is almost always a mental health professional, such as a psychologist or a psychiatrist. They complete an extensive investigation into a child's environment to create a report about what they believe to be in the best interests of the child. Custody evaluators can be very expensive, and parents are often required to pay for the services of the custody evaluator themselves.

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 Posted on July 15, 2021 in Property Division

People who sustain serious injuries at work often depend on the monetary compensation they receive from workers' compensation or a personal injury settlement. The money victims receive is necessary for medical costs, which can be exorbitant, and to make up for the wages lost due to the injury. You may believe that, in the event of a divorce, your settlement money will remain yours alone, since you are the one who is affected by the injury. However, Illinois law defines marital property as all assets acquired during a marriage – and money acquired because of workers' compensation and personal injury settlements may be classified as a marital asset.

What is Non-Marital Property?

Illinois law clearly enumerates the kinds of assets that are considered non-marital property, and anything that falls outside of non-marital property is generally considered marital property. Non-marital properties must have been:

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 Posted on July 14, 2021 in Child Support

When a divorce is finalized, the divorce decree will describe property division, spousal support, allocation of parental responsibilities, and how much child support must be paid. However, circumstances can justify modifying a divorce order so that the amount of child support due reflects a parent's current situation. In order to understand how a job change or other circumstance may affect child support payments, it is important to first understand how child support is determined in Illinois.

What Factors Does a Court Consider When Determining Child Support?

Hourly wages or salary are not the only factors a court will consider when making decisions regarding child support. Child support is calculated using both parents' net income. The following factors may influence the amount a parent pays in child support:

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 Posted on July 09, 2021 in Divorce

Divorce is commonplace in 2021, and many couples may be tempted to handle the filing, negotiating, and property settlement for themselves. When a couple is separating amicably, it may seem that the divorce process is fairly straightforward and they believe they will be able to come to a mutual resolution without help from a divorce attorney. Couples may also believe they can save themselves significant time and expense by handling the divorce themselves.

Regardless of how legitimate the reasons for wanting to avoid hiring a lawyer may be, the truth is that handling the divorce process yourself can actually end up costing you more time and money. Divorce law is complex, and it is easy to make mistakes that are very costly in the short and long term. Clerks and judges are not permitted to give you legal advice. If you decide not to hire an attorney, you are truly on your own.

Why Hire a Professional Divorce Attorney?

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 Posted on June 30, 2021 in Divorce

Paternity – the state of being someone's father – may seem more straightforward than it actually is. Some men strive to avoid being seen as a child's father, as this comes with responsibilities like child support, while other men have to work to prove that they are the father of a child so they can be involved in his or her life. Whichever side you find yourself on, it is important to understand how paternity is established and treated within Illinois law.

How is Paternity Established?

Paternity tests are the most famous method of establishing paternity, as they are often dramatized on television. However, there are several other methods under Illinois law by which you can become the legal father of a child.

• You formally adopted a child.

• A court paternity case found you to be the father.

• You were married to the child's mother at the time the child was conceived.

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 Posted on June 28, 2021 in Divorce

Choosing a great divorce attorney is a crucial part of having a successful divorce process. But with so many attorneys here in Illinois alone, how do you know which attorney to choose? Skills, experience, and a proven track record are things most people would want – but whether you want an attorney who is more aggressive or more compassionate will depend on your circumstances and your own personality.

Here is a list of some of the most important qualities everyone should look for in a divorce attorney – and why The The Stogsdill Law Firm, P.C. measures up.

Professionalism

A great attorney will treat you, and themselves, with respect. You will be able to tell that they take their profession seriously because they will be on time, they will treat you with polite professionalism, and will never look like they just rolled out of bed. Your attorney should be able to explain complex legal topics in a way that is easy to understand, and make you feel heard and respected.

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