Posted on August 21, 2023 in Divorce

In the realm of divorce proceedings, a term that sometimes arises is “bifurcated divorce.” Today, we will explore what a bifurcated divorce entails, focusing on its definition, process, and potential implications. By understanding this unique approach to divorce, individuals facing complex marital situations can make more informed decisions about their legal options. Like other forms of divorce, a divorce lawyer is an essential resource for couples going through traditional divorce and bifurcated divorce.

Defining Bifurcated Divorce

Bifurcation refers to dividing a divorce case into two separate parts or stages. In the context of a divorce, it essentially means that the legal dissolution of the marriage is granted before all remaining issues, such as property division, child custody, and spousal support, are completely resolved. This approach allows couples to efficiently obtain a legal divorce while continuing to negotiate or litigate the remaining matters. 

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 Posted on August 18, 2023 in Divorce

Divorce can take a toll on someone’s emotions as well as their bank account. A contested divorce, in which the spouses cannot agree on the divorce terms, tends to be more grueling and time-consuming, raising concerns about increased costs. Today, we will explore whether a contested divorce truly leads to a more expensive outcome and the factors that influence the overall expenses in such cases. 

Discuss with your divorce attorney ways to try and keep costs down during your divorce. An experienced attorney like The Stogsdill Law Firm, P.C. has had past clients concerned about the costs associated with their divorce, making their input and guidance essential as you look not to break the bank. 

What Does it Mean for a Divorce to be Contested?

When spouses cannot reach a consensus on crucial issues related to a divorce, such as child custody, litigation may be necessary. Litigation in a divorce involves taking your case to court to help make decisions on these important matters. Compared to an uncontested divorce, where spouses agree on all terms, contested divorce tends to be more costly to account for courtroom appearances, intensified negotiations, and more.

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 Posted on August 15, 2023 in Divorce

The duration of a divorce process in Illinois can vary depending on several factors. Today, we will discuss the typical timeline of an Illinois divorce, providing insights into the critical stages and factors that could affect its length. During this difficult time, hire a qualified divorce lawyer to ensure you are able to receive the legal counsel you need to effectively navigate your divorce.

These Factors Can Affect the Length of Your Divorce 

Divorces are intricate legal matters that require careful navigation of legal procedures. While it is impossible to predict with absolute certainty the exact duration of a divorce, here is a general outline based on the average timeline of an Illinois divorce:

1. Filing for Divorce – The Illinois divorce process typically begins with filing for divorce. In Illinois, this is referred to as the Petition for Dissolution of Marriage, and it must be filed in the county where you or your spouse reside. Once the petition is filed, a copy is served to the other party, who then has 30 days to respond. If both spouses agree to the terms of the divorce, this is called an uncontested divorce. Uncontested divorces are generally quicker than contested divorces, as there are fewer issues that need to be decided. In situations where spouses do not agree on the terms of the divorce, this is called a contested divorce. Because of the nature of contested divorces, they will almost certainly elongate the divorce period. 

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 Posted on August 13, 2023 in Divorce

Getting a divorce is an experience no one wants to go through. Yet each day, couples across Illinois decide to end their marriage and thus begin the less-than-pleasant process of getting divorced. Each state in the United States has its own set of laws governing divorce proceedings, and these laws can vary significantly. In Illinois, couples seeking a divorce may wonder if there is a mandatory separation period. 

If you have decided to begin the process of dissolving your marriage, contact an Illinois divorce lawyer to obtain the legal representation you need to ensure the divorce settlement you pursue can be one that favors you and your interests.

Understanding No-Fault Divorce

Illinois is among the states that have adopted a “no-fault” divorce system. Under this system, a spouse seeking a divorce is not required to prove their spouse took part in any wrongful conduct during their marriage that led to the disintegration of the marriage. Classic reasons for divorce, such as infidelity or abandonment, are considered non-relevant as a reason for getting a divorce. Instead, irreconcilable differences - which means the relationship has broken down to the point of no return - are the only grounds for divorce.

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 Posted on August 08, 2023 in Divorce

 Filing for divorce is a complex process filled with various legal steps and requirements. If you are considering getting a divorce in Illinois, it is essential to fully understand the necessary procedures to ensure a smooth and successful dissolution of your marriage. Today, we will outline key steps you need to take when filing for divorce in Illinois. As you move through the process of dissolving your marriage, think of your attorney as a resource and guide as you work through this difficult process. 

Are You Eligible for a Divorce? 

To file for divorce in Illinois, you or your spouse must have been a state resident for at least 90 days before filing. Ensuring you or your spouse meet these eligibility requirements is the first step towards dissolving your marriage.

Grounds for Divorce

Illinois operates as a no-fault divorce state. This means neither spouse is required to prove or assign blame to their partner for wrongdoing during the course of the marriage for the divorce to be granted. Irreconcilable differences are the only grounds for divorce in the state. Essentially, irreconcilable differences mean that the spouses have agreed that the marriage can no longer be saved.

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 Posted on August 06, 2023 in Divorce

Divorce is often an emotionally turbulent and legally complicated process with life-altering implications for the couple going through it and the family unit as a whole. As with any important process, it is crucial to approach it cautiously and avoid making mistakes that could jeopardize your financial security, emotional well-being, and the outcome of the case. 

Today, we will discuss some common errors people make during the divorce process and provide insights on how to avoid them. By being aware of these critical mistakes and taking steps to prevent their occurrence, you can lay the groundwork for a smoother divorce and a better future. If you have any questions as your divorce case proceeds, work with your attorney to ensure you make the best decisions possible for your case.

Trying to Do it Yourself

While it is true that there is no law that says you have to hire a divorce attorney when getting a divorce, trying to navigate the process alone is a recipe for disaster. Even in the most friendly circumstances, failing to hire a divorce lawyer can result in a divorce settlement that will not be in your best interest. Furthermore, it will likely also mean that the process is more stressful. You will have to read the law as well as any relevant case law, do all the paperwork yourself, gather any evidence, and potentially cross-examine your spouse and their witnesses. This process is best left to the professionals. 

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 Posted on July 30, 2023 in Divorce

During the divorce process, emotions run high, and suspicions may come up. It is not uncommon for people to wonder if it is legal to access their spouse’s phone to gather evidence of an affair or even find hidden assets. Today, we will explore the legality of looking through your spouse’s phone during a divorce. For questions, concerns, or anything else related to your divorce, consult an experienced divorce attorney to ensure every decision you make is legal and in your best interest. 

Expectation of Privacy

In most jurisdictions, people have a reasonable expectation of privacy, including within their electronic devices, such as phones. Looking through someone’s phone without permission generally violates their privacy rights. However, the rules surrounding this issue can depend on the specific situation.

Consent and Ownership

Going through someone’s phone without consent is typically considered an invasion of privacy, regardless of the fact that you are married. Personal boundaries and privacy rights still apply even if you suspect your spouse is hiding important information. It is important to remember that you probably do not have automatic permission to look through your spouse’s phone, particularly without their knowledge or consent. 

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 Posted on July 27, 2023 in Divorce

In an Illinois divorce case, proving domestic violence can have a significant impact on various aspects of the proceedings, especially child custody. While Illinois is a no-fault state for divorce, meaning neither party needs to prove any specific wrongdoing, showing a marriage suffered from domestic violence can play a large role in making child custody arrangements. 

Today, we will look at how domestic violence can be proven in an Illinois divorce case. If you have suffered from domestic violence and are concerned with how it may affect your divorce, talk to an attorney to see what measures can be taken so that violence is not a threat to you or your children ever again. 

Documentation and Evidence 

In the legal system, it takes more than mere words to prove someone is guilty. To prove domestic violence, it is essential to put together as much evidence as you can. This may include: 

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 Posted on July 24, 2023 in Child Custody

In Illinois, when it comes to custody decisions, there are certain factors that the court takes into consideration to determine what is in the best interests of the child. While the perspective of the child may not be the sole deciding factor, Illinois law recognizes that the child’s wishes are important and, therefore, ought to be considered. If you have questions regarding custody or any matters related to family law or divorce, contact an attorney to ensure you are able to make well-informed decisions regarding your legal rights.

What Does the Law in Illinois Say?

Regarding custody decisions, the court’s greatest concern is preserving the child’s best interests. The best interest of the child standard encourages the involvement of both parents in the child’s life and prioritizes the child’s physical, emotional, and mental well-being.

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 Posted on July 20, 2023 in Alimony

In a divorce, the court aims to ensure that both parties can maintain a reasonable standard of living, especially when one spouse has a disability. Today, we will seek to provide a comprehensive understanding of whether a disabled spouse will be granted lifetime alimony in an Illinois divorce, incorporating various factors considered by the courts in such cases. If you are getting divorced and are concerned about alimony determinations or anything else related to your divorce, contact an experienced divorce lawyer to represent you throughout your divorce case.

Defining Alimony and Disability 

In Illinois, alimony is most often referred to as “spousal maintenance.” Spousal maintenance refers to the financial support one spouse provides after a divorce. The court has broad discretion in determining maintenance awards. Disability, on the other hand, is defined as a physical or mental impairment that substantially limits one or more major life activities. Disability can significantly impact an individual’s income-earning potential, resulting in a potential need for lifetime alimony.

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