Posted on July 15, 2021 in Property Division

People who sustain serious injuries at work often depend on the monetary compensation they receive from workers' compensation or a personal injury settlement. The money victims receive is necessary for medical costs, which can be exorbitant, and to make up for the wages lost due to the injury. You may believe that, in the event of a divorce, your settlement money will remain yours alone, since you are the one who is affected by the injury. However, Illinois law defines marital property as all assets acquired during a marriage – and money acquired because of workers' compensation and personal injury settlements may be classified as a marital asset.

What is Non-Marital Property?

Illinois law clearly enumerates the kinds of assets that are considered non-marital property, and anything that falls outside of non-marital property is generally considered marital property. Non-marital properties must have been:

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 Posted on July 09, 2021 in Divorce

Divorce is commonplace in 2021, and many couples may be tempted to handle the filing, negotiating, and property settlement for themselves. When a couple is separating amicably, it may seem that the divorce process is fairly straightforward and they believe they will be able to come to a mutual resolution without help from a divorce attorney. Couples may also believe they can save themselves significant time and expense by handling the divorce themselves.

Regardless of how legitimate the reasons for wanting to avoid hiring a lawyer may be, the truth is that handling the divorce process yourself can actually end up costing you more time and money. Divorce law is complex, and it is easy to make mistakes that are very costly in the short and long term. Clerks and judges are not permitted to give you legal advice. If you decide not to hire an attorney, you are truly on your own.

Why Hire a Professional Divorce Attorney?

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 Posted on June 28, 2021 in Divorce

Choosing a great divorce attorney is a crucial part of having a successful divorce process. But with so many attorneys here in Illinois alone, how do you know which attorney to choose? Skills, experience, and a proven track record are things most people would want – but whether you want an attorney who is more aggressive or more compassionate will depend on your circumstances and your own personality.

Here is a list of some of the most important qualities everyone should look for in a divorce attorney – and why The The Stogsdill Law Firm, P.C. measures up.

Professionalism

A great attorney will treat you, and themselves, with respect. You will be able to tell that they take their profession seriously because they will be on time, they will treat you with polite professionalism, and will never look like they just rolled out of bed. Your attorney should be able to explain complex legal topics in a way that is easy to understand, and make you feel heard and respected.

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 Posted on June 23, 2021 in Divorce

Divorce can be a traumatic event for children, but there are things parents can do to make the process easier. Staying connected to their child during and after the divorce is the priority of most parents, and studies show that children with involved parents tend to do much better throughout their entire life. Here, we explore some of the best ways parents in Illinois can remain close with their children after a divorce.

Be Assertive in the Relationship

Kids sometimes react unpredictably following a divorce. They may become withdrawn, surly, and even directly tell you they don't want to talk to you. Nevertheless, a parent who remains stubbornly in pursuit of a loving relationship with their child is more likely to achieve success in the long run.

Make Your Home a Place They Want to Be

Parents don't have to spoil or overindulge their children while creating a warm, loving home. Basic measures will go a long way towards making your home a happy place that children want to be. Keeping things clean and organized will contribute to a peaceful, stable environment. Having regular family dinners will show you care about their well-being. Showing respect for their other parent – at a minimum, not trashing-talking them – will help your child feel more comfortable being around you.

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 Posted on June 16, 2021 in Divorce

Once a divorce is finalized, former spouses are free to marry anyone they want. Although this typically means finding and marrying a new partner, sometimes ex-spouses will want to remarry each other. Research shows that only 6 percent of couples remarry each other after divorce – but of those who do, a surprising 72 percent stay together.

This may seem shocking to some people, but there are actually good reasons people remarry each other. People change, grow, recognize their mistakes, and shift their priorities. If couples share children, they may realize that life apart is more difficult than life together. Or they may find that there is still love and respect that make a relationship worth salvaging and try to work for a shared future on behalf of the children.

As with any marriage, if your plan is to remarry your former spouse, there are some things you should consider before making that decision.

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 Posted on June 14, 2021 in Divorce

Studies show that divorce is one of the most difficult life events that children can experience. Although divorce is never easy, it does not have to be a disaster. Making intentional decisions to protect your child throughout the divorce process can significantly impact the emotional success of a child during and post-divorce.

Our last post examined strategies for telling your child that you and your spouse have decided to get a divorce. In this post, we will look at ways that you can protect your child during the divorce, focusing on maximizing parental connection and minimizing trauma and self-blame.

Constantly Connect

One of the most damaging risk factors in a parent's divorce is when a child loses contact with one of their parents. Children need to know that they are loved and prioritized by both parents, even when the parents cannot get along with each other. Abandonment or lack of contact can lead a child to feel confused, frightened, and to wonder whether he or she was the cause of the parent leaving.

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 Posted on June 11, 2021 in Divorce

Making the decision to get divorced is never easy. Divorcing parents have to balance a tricky line between honesty, self-advocacy, and doing what is best for the kids – all while managing their household and keeping their career afloat. Add the potential conflict and hostility of divorce, and you've got a complex situation with no perfect solution.

In this blog, we will look at some of the strategies experts recommend for discussing this sensitive subject with children. Be sure to also read our next blog for ways you can protect your children during the divorce proceedings.

Make Sure Your Kids Hear it From You First

During the stages preceding the official divorce filing, parents are often navigating personal differences that result in feelings of anger and hostility. These issues can leak out of the marriage and into the couples' shared social network. Friends may take sides or gossip without knowing little ears are listening in.

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 Posted on June 02, 2021 in Divorce

Although divorce is common, it is one of the most difficult life events an individual or family can face. Making the decision to begin divorce proceedings should never be done lightly, and it is normal to feel some uncertainty about moving forward. Fortunately, there are some things you can do to prepare yourself and make the process as painless as possible.

Prioritize Peace

Extensive research shows the traumatic effects of divorce on both children and adults, and most people agree that reducing conflict is imperative during divorce proceedings. Unfortunately, when spouses are in the middle of tense negotiations, it can be difficult to remember that – despite what it seems – divorce proceedings will not last forever.

However, your relationship with your children will far outlast the divorce. This means that your relationship with your future ex-spouse, whether you like it or not, is likely to be a part of your life for the foreseeable future as well.

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 Posted on May 28, 2021 in Child Custody

With June just right around the corner, the days have been getting longer and sunnier as summer encroaches upon Illinois. For many people, summer is a time when things begin to slow down which allows you to spend more time with your family. For parents who are divorced or no longer together, however, summer can be a source of stress. The change in pace and in schedules can be nice, but it can also lead to confusion if your parenting plan does not describe your summer parenting schedule in detail. Ensuring your parenting plan contains information about summer vacation can help save you from major stress in the long run.

Preparing Your Summer Parenting Plan

There are various elements that must be included in any parenting plan when it is created. Usually, there is some form of basic summer planning done and included in your parenting plan, but basic terms can leave room for confusion. Depending on when you first entered into your parenting agreement, it may also need to be updated to accommodate your current circumstances. Summer is coming quickly, so now is the time to review your parenting plan. Here are a few things to keep in mind when planning for summer co-parenting:

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 Posted on May 26, 2021 in Divorce

Once you have made the decision to get a divorce, the last thing you want a divorce that drags on for months or even years. However, that is the reality for people whose divorce situations are unusual or complex. Some divorces will understandably take longer to complete than others, especially when certain issues are present. A lengthy divorce can take a toll on the couple, their children, and their wallets, but there are things that you can do to speed up the process and help keep your divorce on track.

The Grounds and Waiting Period for Divorce in Illinois

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a couple can only get divorced if, “irreconcilable differences have caused the irretrievable breakdown” of the marriage. Basically, you must show to the court that you and your spouse have differences you cannot settle and that it would not be in the best interests of the family for you and your spouse to continue to be married. If a spouse denies that there are irreconcilable differences, living separately and apart for six months creates an “irrebuttable presumption” of irreconcilable differences. There is no waiting period if you and your spouse both agree to get divorced.

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