630-462-9500

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 divorce attorney for child custody and property divisionThere is no doubt that social media can have a huge impact on divorce proceedings and family law matters. Although you may not realize it, the things you post on social media can be admissible as evidence in court. If you are getting divorced, you should know that the messages, photographs, and other information you are sharing online may be scrutinized and potentially used against you.

Proceed With Caution When Using Social Media During Child Custody Disputes

If you and your spouse disagree about the allocation of parental responsibilities and parenting time, you should be especially cautious about what you post on social media. When Illinois courts are considering what type of parenting arrangement is in a child’s best interests, they will consider a wide range of factors listed in the Illinois Marriage and Dissolution of Marriage Act, including the child’s relationship with his or her parents, the parents’ physical and mental health, and more. One factor that often gets overlooked is “the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.” If you make disparaging comments about your spouse, it could be construed as an unwillingness to encourage a good relationship between your child and his or her other parent.

Social Media May Provide Clues About Financial Fraud

Courts can only make appropriate decisions about spousal maintenance, child support, and asset distribution when both parties are honest about their financial circumstances. If you suspect that your spouse may be lying about finances in order to manipulate the divorce settlement in his or her favor, social media may contain clues about this deception. For example, if you are pursuing spousal maintenance, your spouse may underreport his or her income in an attempt to avoid paying his or her fair share of alimony. However, if he or she posts pictures of expensive purchases and luxury vacations on Facebook, the court may have reason to look more closely into his or her true financial circumstances. If you have reason to suspect that your spouse is hiding assets, contact an experienced divorce attorney right away.

...

DuPage County divorce mediation lawyerIn previous blogs, we have discussed the many advantages of divorce mediation. Mediation is an alternative dispute resolution method that is much less stressful and expensive than court litigation. When a couple disagrees about child custody, spousal maintenance, or other terms of their divorce, mediation can help them reach an agreement that works for both parties. However, mediation is not right for every divorcing couple. A qualified divorce attorney can help you decide whether or not mediation will be in your best interests while working to protect your rights throughout the divorce process.

Marriages Involving Domestic Violence or Abuse

The main element of any abusive relationship is an imbalance of power. An abusive spouse may use physical violence, threats of harm, intimidation, gaslighting, and other tactics to maintain power and control over his or her victim. It is important to note that domestic violence does not only include physical abuse. It can also involve financial abuse, emotional or verbal abuse, and sexual abuse. If a person is leaving an abusive marriage, divorce mediation is rarely recommended, because the imbalance of power makes a cooperative mediation process virtually impossible.

Divorce Involving Financial Fraud

Many divorce issues discussed during mediation involve finances. In order for spouses to negotiate the terms of their divorce, both spouses must be transparent and honest about the assets they own, the income they earn, and the debts they owe. If a spouse is hiding assets or lying about income, property, or debts, mediation may be a waste of time. Some spouses may even dissipate, or waste, marital assets prior to divorce by spending money on an affair, drug or alcohol addiction, gambling addiction, or for other reasons. If you have reason to believe that your spouse is lying about their finances or has dissipated marital assets, you should contact an attorney right away.

...

Wheaton, IL divorce attorney GALAlthough any divorce can be difficult, parents who choose to end their marriage may face a variety of challenges. Children with divorcing parents may experience a great deal of stress and anxiety as they struggle to understand why their parents are splitting up and how to cope with the changes. They may worry that the end of their parents’ marriage was somehow their fault or feel like they have to choose sides. In some divorce cases involving children, a special attorney called a guardian ad litem (GAL) is appointed to help address child-related issues. If you are planning to divorce, a guardian ad litem may be essential in making sure that the terms of your divorce are in your child’s best interests.

When Is a Guardian Ad Litem Appointed in a Divorce Case?

When a person involved in a legal proceeding such as a divorce cannot represent themselves, a guardian ad litem may be appointed to look out for his or her well-being. Most often, a GAL is appointed to help determine the best possible situation for a child whose parents are divorcing. Guardians ad litem are often appointed in divorce cases involving domestic abuse, child custody disputes regarding the allocation of parental responsibilities and parenting time, and disagreements regarding child support

In Illinois, a GAL may be requested by a parent undergoing a divorce or family law dispute, or a GAL can be appointed by a judge. Asking for a GAL may be beneficial when parents disagree about certain aspects of their child’s welfare, such as who the child should live with. Court litigation in front of a judge can be stressful and expensive. If parents can agree to accept the GAL’s advice, this may help them avoid unnecessary court hearings.

...

DuPage County child support attorneyIn July of 2017, Illinois enacted major changes to the way child support is calculated. Previous to this change, child support obligations were calculated by applying a percentage based on the number of children requiring support to the obligor parent’s income. For example, if you had one child, you would pay 20 percent of your net income in child support, and if you had two children, you would pay 28 percent of your income. Some parents are still subject to child support orders created under the old law, but any new child support arrangements will be calculated using the “Income Shares” method. Illinois child support orders now take both parents’ net incomes and amount of parenting time into consideration. If you are a parent who has children with more than one person, you may wonder how the court will determine a child support arrangement that is achievable with regard to your financial resources while still providing for all of your children’s needs.

Income Shares Child Support Guidelines

The Income Shares model for child support calculation involves the following steps:

  • Both parents’ net income is added together to determine their combined net income. This combined amount represents the financial resources that would be available to the child if the parents were married.

    ...

Wheaton order of protection lawyerAn order of protection is sometimes called a protective order or restraining order. Victims of abuse, stalking, harassment, or domestic violence may request a restraining order to protect themselves from their abuser. There are three main types of orders of protection in Illinois: an emergency order of protection, interim order of protection, and plenary order of protection. An emergency order of protection can be used when a person needs immediate protection from an abusive spouse, ex-spouse, family member, or another person who may harm him or her.  

What Can an Emergency Order of Protection Do for Me?

An emergency order of protection (EOP) is a court order that will prohibit an abusive person from further abusing you, your minor child, a disabled adult, and even your pets. The specific provisions contained in an EOP vary depending on your particular needs. The EOP may require the abuser to refrain from contacting you and to stay a certain distance away from you, your children, or your workplace, children’s school, or home. If the abuser violates the order, you can call the police and have that person arrested.

How Can I Get an EOP?

An emergency order of protection can be obtained at your local county courthouse by filing a Petition for Order of Protection with the circuit clerk. Your petition will need to include information about what the abuser has done and said to you, the dates and times of previous instances of abuse, what types of injuries you have sustained, and any other relevant information. The court can grant an emergency order of protection without notifying the abuser about the protective order.

...
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