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1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
Recent blog posts

Wheaton order of protection attorney divorceIf you have been the victim of abuse by your spouse, you may be considering divorce. However, your primary concern is likely ensuring that you and your children are safe. To protect yourself from your abuser, you can ask a judge for an order of protection. This will not only require the abuser to stop abusive activities, but it may also ensure that they stay away from you and your children, refrain from contacting you in any way, and require them to attend counseling and pay child support. This can provide you with much-needed protection in the steps leading up to divorce as you begin to put permanent solutions in place.  

There are three types of orders of protection in Illinois:

Emergency Order of Protection

This type of order can be used to obtain immediate protection from an abuser. It will go into effect as soon as it is approved by a judge approves, and the alleged abuser (known as the respondent) will be notified and required to follow the terms of the order. The respondent does not need to be present at the hearing where an emergency order is granted. An order will typically last from 14 to 21 days or until a hearing can be held to determine whether further protection is necessary.

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Wheaton adoption attorney safe haven lawWhenever children are involved in a legal matter, the law tries to be extra sensitive. If a mother feels she can not properly take care of her infant, she can give it up for adoption. However, in situations in which a mother believes she cannot follow the usual adoption process, she has options under the Illinois Safe Haven Law. For those who are considering adopting a child, it is important to understand how this law may affect their situation.

Origins of the Illinois Safe Haven Law

The Illinois Abandoned Newborn Infant Protection Act (commonly known as the Safe Haven Law) allows a mother to surrender a child anonymously without fear of criminal prosecution or civil liability. Texas was the first state in the U.S. to pass a version of this law in 1999, and Illinois followed two years later. By 2008, all 50 states had a version of the Safe Haven Law, which is often nicknamed the “Baby Moses Law.”

In Illinois, the law initially covered babies three days old or younger. In 2009, the cut-off date was extended to 30 days.

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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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