After Hour New Client Telephone Number 630-690-6077

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

Wheaton, IL divorce lawyerOne of the key aspects of filing for divorce in any state is meeting the residency requirements. In Illinois, these requirements determine whether you have a legal basis for filing for divorce in the state. Understanding the residency requirements is crucial to ensure a legally binding divorce. Today, we will delve deeper into the specific residency qualifications for Illinois, as well as other criteria required for divorce in the state, and how a divorce attorney can benefit you as you begin this important process. 

Residency Requirements for Divorce in Illinois 

Here is what you need to know, including:

  • Residency duration – To file for divorce in Illinois, either you or your spouse must have lived in the state for at least 90 days preceding the filing. This means that the divorce can be initiated within the state as long as either spouse meets the residency duration requirement.


IL divorce lawyerA divorce case can be a complex and emotional affair, particularly if there are disagreements over important issues like property division, alimony, child custody, and more. Sometimes, parties involved in divorce proceedings are unable to come to a mutual agreement about certain issues; therefore, it may be necessary to present or question witnesses to determine important factors of the case. It is essential to understand what situations, in particular, may warrant testimony from a witness. If you think witnesses may be relevant to your case, discuss with your divorce attorney whether witness testimony may help or detract from your goal of obtaining a favorable case outcome.

Witness Testimony in Divorce Cases

Here are some examples of when witnesses may be relevant to a divorce case, including:

  • Witnesses to marital misconduct – In some divorce cases, one or both spouses may allege that the other engaged in misconduct, such as domestic abuse. In such cases, witnesses who have knowledge of the alleged misconduct may be called to testify in court. For example, a friend or family member who witnessed the alleged domestic violence may play a prominent role in testifying to the court.
  • Witnesses to financial issues – Another common issue in many divorces is the division of property and assets. It may be necessary to call witnesses, such as a financial professional, to testify about the value of a business that is owned by one or both spouses.
  • Witnesses to child custody and visitation issues – Child custody and visitation are a few of the most contentious issues in divorce cases. Witnesses who know the children and their relationship with each parent may be called to testify in such events. For example, a teacher or daycare provider may be called to testify about the children’s behavior and their relationship with each parent.
  • Witnesses to testify regarding psychological or occupational questions – In this scenario, a psychologist may be called to testify about the mental health of one or both spouses or a vocational expert may be called to testify about the earning potential of one or both spouses.

Contact a DuPage County Divorce Lawyer

When it comes to divorce, a lot is on the line. If you believe witness testimony may aid you in your case, discuss this with your attorney and get their professional opinion. Contact the Wheaton divorce attorneys with The Stogsdill Law Firm, P.C. for well-respected legal counsel. Call 630-462-9500 for a private consultation.


IL family lawyerIn the state of Illinois, both parents are generally entitled to access and visitation rights under family law. Unfortunately, there are circumstances where a parent’s right to visitation can be revoked when it endangers the welfare and safety of the child. If you are currently the custodial parent of a child and believe the non-custodial parent is a threat to the best interests of the children involved, contact a child custody attorney right away to understand your legal options at this time. Your attorney will help ensure steps are taken to safeguard the well-being of any children involved in the situation.

Reasons Why Visitation Rights Could Be Revoked

Such examples may include the following:

  • Child abuse and neglect – If a parent or any party living with the parent is abusive to the child, either mentally or physically, this will likely be seen as a reason to revoke visitation rights. Abuse or neglect can manifest in many ways, such as physical or emotional abuse, starvation, psychological abuse, and more. Any of these examples will likely prove to the court that the abusive parent is unfit to maintain their parental rights.
  • Substance abuse – This is an issue that affects so many families across Illinois. Sadly, when a parent suffers from alcohol or drug problems, children can be very negatively affected. As a result, if a parent has a substance abuse problem, their rights as parents may be revoked simply because of their risk to their child’s well-being.
  • Parental absence or engagement in risky behavior – If a parent fails to live up to their end of the custody agreement and is an absent parent, parental rights will likely be revoked since the parent cannot be a parent to their child. Moreover, if a parent frequently engages in conduct unbecoming of a parent, this too may lead to a custody revocation.

Contact a DuPage County Child Custody Attorney

Overall, these are examples of scenarios that help to emphasize the significant need to serve and protect the child’s safety and overall well-being. Furthermore, it is essential to note that substantial evidence is required to justify limiting or revoking a parent’s parenting time. But if the evidence clearly demonstrates the child’s parent is unfit for parental duties, the court will not waste a breath of time in limiting or revoking that parent’s access to their child. If you have concerns about a custody matter, contact the experienced and devoted Wheaton child custody lawyers at The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.


IL divorce lawyerIn Illinois, divorce decrees are legal documentation of a divorce settlement that provides both parties with an agreement on how they will divide their assets and debts and decide issues such as child custody, child support, and spousal maintenance. When a divorce decree is established, the terms set out within it serve as the legal outline of how the obligations of either party to the agreement will continue. One such of these obligations is spousal support, which is affected by remarriage in Illinois.

To ensure you understand how your divorce decree will be affected by you or your spouse remarrying, contact an experienced divorce attorney to ensure you completely understand the ways a remarriage will affect your divorce decree.

What You Need to Know About Spousal Support and Remarriage

When a receiving spouse remarries in Illinois, both spousal support and maintenance obligations end based on statutory stipulations. If the paying spouse remarries, their obligation to send alimony to their ex-spouse does not end. A receiving spouse in Illinois is expected to promptly and diligently notify their ex-spouse of their marriage. In cases where someone receiving payments gets remarried and fails to notify their ex-spouse, the paying spouse may be entitled to reimbursement of spousal support obligations once they are made aware of their ex-spouse's remarriage.


Wheaton child support modification lawyerIf you have lost your job in Illinois and are currently paying child support, you may be wondering if you are still required to make those payments. Ultimately, losing your job does not automatically stop or reduce your child support obligations. However, there are steps you can take to modify your child support order with the court. If you are seeking legal assistance with this matter or other issues related to divorce or family law, contact a child support attorney today for assistance with requesting a modification of your child support order.

What You Need to Know About Modifying Child Support Orders

One of the key factors involved in determining child support payments is the income of the paying parent. If you have lost your job, your income has likely changed significantly, and it may be difficult or impossible to continue to make the same payments. In Illinois, you can petition the court to modify your child support order if a significant change has taken place, such as losing your job.

To modify your child support order, you will need to file a petition with the court and provide evidence of your change in circumstances. This may include documentation of your job loss, such as a termination letter or an unemployment benefits statement. You will also need to provide information about your income and assets and any other relevant information that may impact your child support obligations. 

Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
Back to Top