630-462-9500
After Hour New Client Telephone Number 630-690-6077
1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
Recent Blog Posts
Can I Divorce My Spouse if He or She is Currently Abroad?
If you are considering divorce and your spouse is currently living outside the United States, you may be wondering if you can still move forward with the process. In Illinois, it is possible to get divorced even if your spouse resides abroad, though there are several important legal factors to keep in mind. With the guidance of an experienced Illinois family law attorney, people in this situation can navigate the divorce process and ensure that their rights are protected.
Does Illinois Have Jurisdiction Over a Divorce if One Spouse Lives Abroad?
One of the first considerations in an international divorce is determining whether Illinois courts have jurisdiction, or the legal authority, to oversee the case. To file for divorce in Illinois, at least one spouse must have lived in the state for a minimum of 90 days. If you meet this residency requirement, the Illinois court system will likely have jurisdiction to proceed with your divorce, even if your spouse is currently abroad.
Health Insurance and Divorce in Illinois
Health insurance is an essential part of any divorce plan, impacting both adults and children and adding a potentially significant expense to life after divorce. Divorcing spouses should understand their options for ongoing coverage, the potential financial impact of finding insurance coverage after divorce, and how to address health insurance needs in a divorce agreement.
At The Stogsdill Law Firm, P.C., we understand that health insurance can add yet one more concern to an already full plate during divorce planning. Call our Wheaton, IL divorce attorneys to learn more about how we can help you solve insurance coverage issues and other problems during your divorce.
Can Health Insurance Be Included in a Divorce Decree?
In Illinois, health insurance can indeed be part of a divorce decree. Couples may agree to specific terms regarding the continuation of health insurance coverage for a spouse or for any children. These terms can address who will cover premiums, how long coverage will continue, and how future medical expenses will be handled. Including health insurance in a divorce agreement ensures clear guidelines and financial responsibility, which can reduce fights and misunderstandings post-divorce.
Who Will Keep the Family Minivan After the Divorce?
If you are in the midst of a divorce in Illinois, you may be wondering who gets to keep the family minivan. Dividing assets can be one of the most challenging parts of a divorce, and the family vehicle carries significant emotional and practical value. From family vacations to daily school runs, it represents years of shared memories and responsibilities. To ensure the process is fair and equitable, speaking with a lawyer who can provide guidance tailored to your situation is important.
Marital Property Basics in Illinois Divorces
Illinois law states that assets acquired during the marriage are usually considered marital property. This means these assets will be divided between both spouses. Illinois uses what is known as an equitable distribution rather than the strict 50/50 split of community property states. Like any other asset, the family minivan falls under the umbrella of marital property.
How to Prepare for a High Networth Divorce
Going through a divorce is never easy, especially when there are a lot of assets involved. In Illinois, if you are divorcing and have significant assets, it is essential to be as prepared as possible. If you are in this situation, having a great lawyer is important. Your lawyer will guide you through Illinois's complex legal system and help ensure everything is fair. Here are some simple steps to help you prepare for a high-asset divorce in Illinois.
Understand Your Finances
The first step is to understand what you own and owe. This is crucial because you need a clear picture of your financial situation:
-
Make a list of all your assets, such as houses, cars, bank accounts, and retirement funds.
Three Strategies for Managing Finances During a Divorce
Navigating the financial landscape during a divorce can be among the most stressful aspects of the entire process. With the guidance of a knowledgeable lawyer, it is crucial for people to implement effective financial strategies to protect their assets and secure their future. Here are three key strategies to consider.
Compile Comprehensive Financial Documentation
Getting a clear picture of your financial situation is the first step in managing finances during a divorce. This involves gathering detailed documentation of all assets and liabilities:
-
Bank statements – Ensure you have access to past and current bank statements.
What is Asset Dissipation in Illinois Divorce Cases?
Asset dissipation is a significant concept in divorce proceedings, particularly in Illinois. It refers to the intentional spending or waste of marital assets by one spouse during the divorce process. Recognizing and addressing asset dissipation can play an important role in ensuring a fair division of property.
At The Stogsdill Law Firm, P.C., we understand that many people approaching a divorce are seriously concerned about how the process may affect their finances. These fears can be dramatically worsened when asset dissipation is thought to be taking place. Our team of skilled lawyers has decades of experience identifying asset dissipation, stopping it, and making sure the spouse who acted unethically is held accountable.
What Constitutes Asset Dissipation?
Asset dissipation occurs when one spouse intentionally depletes marital assets in a way deemed unjust or wrongful. The goal of the dissipating spouse is often to reduce the amount of property available for equitable or fair distribution during the divorce. Common actions that may be classified as asset dissipation include:
Important Financial Documents in a Divorce
When facing a divorce, one of the most daunting aspects is often the financial implications. Our knowledgeable lawyer will tell you that understanding your financial situation and knowing which documents are essential to the divorce process. Your lawyer will tell you what financial documents you need during your Illinois divorce and why these documents are so important.
Bank Statements Give a Snapshot of Your Finances
Your bank statements provide a critical window into your financial life during your marriage. These documents detail every transaction while also revealing income, savings, and spending habits. Understanding this information is important for several reasons, including:
Courtroom Etiquette in a High-Conflict Divorce
During divorce proceedings, tensions often run very high. There is no place where this is truer than in the courtroom. As you navigate all of the challenges the divorce process throws your way, it is important not to forget about the importance of courtroom etiquette. Believe it or not, courtroom etiquette, for better or worse, can even influence your case’s outcome. As a result, you must approach this situation with the guidance of a skilled lawyer who will be important for legal advice and for guiding you on how to best maintain yourself while in the courtroom.
Always Dress Appropriately
How you present yourself in court can affect not just your image but how others perceive the importance of your case. Here are some key considerations for dressing appropriately in divorce court:
Dividing Retirement Assets in an Illinois Divorce
For a lot of people, especially those who are older, retirement assets may constitute the single largest asset that they have. In situations involving divorce in Illinois, the issue of dividing retirement assets can be especially stressful for people, as they fight to keep the assets they worked so hard to obtain. An experienced lawyer can help ensure you understand your rights and options, especially regarding Qualified Domestic Relations Orders (QDROs). QDROs are essential legal documents in the division of retirement plans when getting divorced. Here is what you need to know about them in Illinois.
What is a QDRO?
A QDRO is a court order that recognizes the right of an alternate payee, which is most often a spouse or former spouse, to receive a portion of the benefits or assets from a retirement plan. Understanding its significance is crucial when going through a divorce:
How to Be a Great Parent During a Divorce
Divorce can be an incredibly difficult time for families, and experienced lawyers in family law often witness the emotional toll it takes on both parents and children. During this period of immense change, it is vital for parents to strive to be the best they can for their kids. Great parenting during a divorce means being present, nurturing, and creating a stable environment in which children can feel protected. Here are some strategies to help parents navigate this challenging time while ensuring their children feel valued and loved.
Spend Quality Time with Each Child Individually
One of the most impactful things parents can do is to spend quality time with each child individually each day. This one-on-one interaction helps build stronger connections, allowing children to express their feelings openly and honestly. Whether it is reading a bedtime story, going for a walk, or just talking about their day over dinner, these moments create a safe space for them to share their thoughts and emotions. This individualized attention reassures children that, despite the drastic changes in the family structure, they are still cherished and important.