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Wheaton, IL 60189
The Stogsdill Law Firm, P.C.

Recent Blog Posts

Cheating and Divorce: Legal Implications

 Posted on June 18, 2024 in Divorce

Wheaton Divorce LawyerWhen infidelity shatters trust in a marriage, the emotional fallout can be devastating. But if you are considering divorce in Illinois, it is important to understand how the legal system views cheating. Contrary to what many may believe, Illinois is a no-fault divorce state, meaning that allegations of adultery do not affect the legal proceedings as significantly as they might in other states.

However, things may get more interesting if your spouse dissipates assets, such as spending large amounts of marital assets on the affair. Discuss with your attorney the best way to move forward to ensure your rights are protected.

No-Fault Divorce: What it Means for Cheating Spouses

In Illinois, the grounds for divorce do not include fault-based reasons like adultery. Instead, couples can file for divorce on the basis of “irreconcilable differences.” This difference means that courts typically do not consider why the marriage fell apart. Rather than attributing blame to one party, the focus remains on the equitable distribution of assets, custody arrangements, and support obligations.

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Divorce Among Older Couples: Unique Considerations

 Posted on June 14, 2024 in Divorce

Wheaton Family Law Attorney

Divorce rates among older couples, often referred to as “gray divorce,” have seen a significant rise in recent years. In Illinois, as in many other states, older adults face unique challenges and considerations that younger couples may not encounter.

Understanding these differences can help ensure that older couples navigate their divorce with greater clarity and preparedness. No matter what age you are, hiring a lawyer to lead you through the divorce process is strongly encouraged.

Financial Implications and Retirement Funds

One of the most significant considerations for older divorcing couples in Illinois is the division of financial assets, particularly retirement funds. Unlike younger couples who have time to rebuild their savings after a divorce, older individuals are often nearing or already in retirement.

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Social Media and Divorce: Protecting Your Privacy

 Posted on June 12, 2024 in Divorce

Illinois Divorce AttorneyIn today’s digital age, social media has become a major part of many people’s lives. It keeps us connected, provides entertainment, and allows us to share moments with friends and family. However, while social media has its benefits, it can also be a double-edged sword, especially when it comes to marriages and divorces.

It is becoming increasingly common for social media to play a role in causing marital strife and even influencing divorce proceedings. Understanding how to protect your privacy and navigate social media during such a sensitive time is important. Speak with your Illinois divorce attorney on this subject to learn more about how social media can impact divorce.

The Role of Social Media in Marital Strife

Social media platforms like Facebook and Instagram can worsen existing problems in a marriage. Issues often stem from online activities, like one partner spending excessive time on social media, engaging in inappropriate conversations, or reconnecting with ex-partners. These digital interactions can lead to feelings of jealousy, betrayal, and insecurity, causing serious rifts between partners. Studies have shown that social media contributes to many divorces, revealing just how significant a role it can play in modern relationships.  

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Updating Wills and Estate Plans Post-Divorce

 Posted on June 07, 2024 in Divorce

Wheaton Divorce Lawyer

Divorce is a significant life event that prompts many changes, both emotionally and legally. One crucial element that should not be overlooked is updating your will and estate plan. After an Illinois divorce, your previous arrangements may not reflect your current wishes and circumstances. Engaging your divorce attorney’s help can ensure that all necessary changes are made to protect your assets and properly provide for your loved ones.

Why Updating Your Estate Plan Post-Divorce is Essential

Divorce means that the relationships and circumstances considered when drafting the original will and estate plan have likely changed. It is important to update these documents to reflect what your current wishes are. For example, if your ex-spouse was named as a beneficiary or executor, you might want to remove or replace them with 

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Preparing for a Second Marriage After a Divorce

 Posted on June 04, 2024 in Divorce

Wheaton Family Law AttorneyEmbarking on a second marriage after going through a divorce in Illinois can be both exciting and daunting. While the promise of a fresh start can fill you with hope for the future, the experience of the previous marriage ending can also leave you wary. Navigating this path carefully, with the assistance of an attorney, can help you address any lingering legal issues, protect your interests, and prepare you emotionally for this new chapter in your life.

Navigating the Legalities of Your Divorce

Before you wholeheartedly dive into planning your new life, it is important to make sure all the legal aspects of your divorce are fully resolved. A skilled lawyer can help you finalize any outstanding issues that you may have, such as property division, spousal support, and custody arrangements. By doing so, your lawyer can help you start your new marriage on stable ground, free from the legal burdens of your previous relationship.

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Insurance Policies and Divorce: What to Change and Why

 Posted on May 30, 2024 in Divorce

Wheaton Divorce Attorney

Divorce brings about a whirlwind of change, and practical matters like insurance can get easily overshadowed amidst the heartache. In Illinois, understanding how divorce impacts your insurance policies – be it health, life, or property insurance – is crucial for your financial and personal stability. By hiring a divorce attorney and re-evaluating or adjusting your insurance coverage, you can better protect yourself and your loved ones from unforeseen circumstances.

Understanding Health Insurance Coverage Post-Divorce

One of the most immediate concerns during a divorce is health insurance. If you are currently covered under your spouse’s plan, you will need to seek alternative coverage post-divorce. Illinois law allows you to remain on your spouse’s plan until the divorce is finalized, but once the paperwork is signed, you need a new plan. Research your options thoroughly, whether that is through your employer, the marketplace, or COBRA.

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Advice and Legal Challenges for LGBTQ+ Divorce

 Posted on May 28, 2024 in Divorce

Wheaton Divorce Lawyer

Divorce can be an emotional rollercoaster for any couple, but LGBTQ+ couples in Illinois may face challenges unique to the LGTBQ+ community. If you are in an LGTBQ+ marriage and are considering divorce, contact a qualified attorney. By hiring a lawyer, you will not need to worry about your rights being infringed upon, as experienced lawyers, who themselves are trained legal professionals, will ensure your rights are protected.

Validating Your LGBTQ+ Marriage

Before you begin divorce proceedings, you will want to ensure your marriage is legally recognized in Illinois. On November 20, 2013, Illinois Governor Pat Quinn signed into law the legalization of same-sex marriage. This law went into effect on June 1, 2014. Marriages conducted in other states where same-sex marriage was legal prior to this date are also recognized. You will want to make sure you have proper documentation confirming your marriage’s legitimacy, as this will lay the groundwork for a legal divorce process.

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Navigating Bankruptcy During Your Illinois Divorce 

 Posted on May 21, 2024 in Divorce

Wheaton Family Law AttorneyGoing through a divorce is a profoundly challenging experience, and if you couple that with the financial turmoil of bankruptcy, it can feel like an insurmountable mountain to climb. However, understanding how to navigate both simultaneously in Illinois can help ease the stress involved. If you are currently juggling both divorce and bankruptcy proceedings, it is imperative you secure legal representation. Your attorney will ensure that you are able to face both challenges head-on, giving you a fair opportunity to get through each process and ultimately move on with your life.

Understanding the Basics of Divorce and Bankruptcy

Before discussing how each of these processes affects each other, it is essential to have a complete understanding of the fundamentals. In Illinois, divorce laws are under state family courts' jurisdiction, while bankruptcy is governed by federal law. The bankruptcy process involves either Chapter 7, which is liquidation, or Chapter 13, which involves the re-organization of debt. Divorce involves the dissolution of marriage, dividing assets and liabilities, and potentially dealing with child custody, along with other important issues. Both processes require careful planning, which makes legal guidance an absolute necessity. 

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Uncontested Divorce: Simplifying the Process

 Posted on May 16, 2024 in Divorce

Wheaton Uncontested Divorce Lawyer

Divorce is never an easy decision, but for many couples, an uncontested divorce provides a more peaceful and straightforward path through the divorce process. An uncontested divorce occurs when both parties are in mutual agreement on all significant issues in the divorce. These issues may involve child custody, property division, and spousal support. Many couples decide to get an uncontested divorce since it often saves time, money, and can be less stressful compared to a contested divorce. As with any divorce, hiring an attorney is an important and necessary step toward making sure you can protect your interests during the process.

What Makes a Divorce Uncontested?

An uncontested divorce stands apart due to the agreement between spouses on critical matters without heated disputes or negotiations that seem like they will never end. Both parties must concur on the following issues:

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Strategies for Success in High Net Worth Divorce Cases

 Posted on May 13, 2024 in Divorce

Illinois Divorce LawyerIt is no secret that a high net worth divorce can present unique challenges compared to the average divorce case. However, with the right strategy and a dedicated attorney by your side, you can emerge from divorce proceedings with your head held high and your bank account intact

At The Stogsdill Law Firm, P.C., we recognize the challenges that come with a high-net-worth divorce. Our team of qualified attorneys is ready to work with you to construct a customized strategy so that once it comes time for proceedings to begin, you are prepared to defend your interests and fight for an equitable settlement. 

The First Step is Identifying Your Assets

When a divorce features considerable assets, the first step of navigating the situation needs to be obtaining a full accounting of these assets. Assets can range anywhere from homes to businesses and more, making it crucial that your legal team carries out a comprehensive financial audit. A financial audit involves an examination, review, and evaluation of all your assets. This audit will also include examining shared assets as well. 

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