Law Office of Martoccio & Martoccio

Law Office of Martoccio & Martoccio Blogs

Blog Authors

Latest from Law Office of Martoccio & Martoccio

For couples that have children together, there are many decisions that must be made in a divorce. These decisions can be made during mediation or collaboration, or a judge can make the final determination during litigation. Mediation and collaborative law allow the couple to retain control over the process and come to an agreement that is best for both of them. During these processes, the couple will have to create a parenting plan, and there are three very important terms to include within it. Parental Responsibilities and Child Custody Child custody is the issue that most people know to…
Social media is a significant part of the lives of so many people today. Platforms such as Twitter and Facebook can help you connect with your support group, and you may find that particularly important when you are going through a divorce. Unfortunately, posting to social media usually hurts a person during divorce more than it helps. This is particularly true when you are going through child custody hearings. The best advice is to stay off social media altogether, but that is becoming quite difficult today. So, if you are going to use social media during this difficult time,…
Getting engaged is an exciting time. You are likely busy planning for the wedding, and cannot wait to talk about it with your family and friends. Although this is a time of celebration, it is also time to really consider your future, and how you can protect it. Premarital agreements are no longer only for the wealthy, and they are not seen as the romance killers that they once were. Instead, premarital agreements can actually strengthen your relationship, and provide the security you and your soon-to-be spouse both need. If you are planning on getting married, below are four reasons…
When a married couple has a child in Illinois, it is assumed that the two spouses are the biological parents of the child. The same assumption is not made, however, when a child is born to unwed parents. In these cases, it must be proven that the father is the biological parent. It is important to do this soon after the child is born. Establishing paternity, and doing it early, has many benefits for the mother, father, and the child. How to Establish Paternity Unfortunately, simply including the father’s name on the birth certificate is not enough to establish…
Couples that want to get a divorce but that always want to avoid the lengthy and costly process of going through litigation will often turn to alternative dispute resolution methods, such as collaborative divorce or mediation. Both methods are extremely effective and can help the parties maintain a respectful relationship, which is important, particularly if there are children involved. However, there are differences between these two dispute resolution methods, and couples that are interested in them should know what they are. Fees Mediation and collaborative divorce are both less expensive than going through litigation. Of the two, collaborative divorces typically…
One of the most difficult aspects of many divorce cases, particularly those that involve a long marriage, is the division of retirement accounts. Dividing these savings follows the same property division rules of the state. These accounts are divided fairly, although not necessarily equally. Dividing retirement savings in a divorce also follows a slightly different procedure and has additional rules. When a divorce involves the division of retirement accounts, it is always best to work with an Illinois divorce lawyer that can help you through the process. Retirement Accounts as Separate vs. Marital Property Marital property includes any assets the…
Even when a divorce is mutual, the two people involved can become adversarial towards each other. Things can quickly change during a divorce case, and one side may start acting purely out of anger and frustration. When this is the case, it is important that you protect yourself by properly communicating with your spouse. This can prevent something as simple as a conversation from becoming used as evidence against you in your case. Text and Email Whenever Possible Using text and email during a divorce case can provide you with valuable evidence. These forms of communication will verify that you…
is sometimes a bitter and contentious legal battle, with each party fighting over every single term. It does not always have to be this way, though. In fact, in many cases, the couple is able to get through the process amicably and even co-parent their children civilly once they are apart. Although an amicable divorce is what most people strive for when they start the process, it is not the same thing as an uncontested divorce. From a legal standpoint, it is very important to understand the difference. What Is an Uncontested Divorce? An uncontested divorce is one in which…
is expensive. Most people entering the process understand that. However, although many people associate the cost of divorce with attorney fees, spousal maintenance, and child support, there are other costs of divorce, as well. These are often the somewhat hidden costs that people do not realize they will have to face until they have already gone through the process. Below are the six biggest hidden costs that you should prepare for if you are about to get a divorce. Moving Costs Both spouses do not remain in the home after a divorce and few, if any, people even want to.…
Parents often face the problem of having to go to work or somewhere else of importance and they need someone to care for their child. This situation arises in marriage many times, but it also happens after a couple has divorced. When a couple is married, the situation is not so problematic. Either one of the parents can watch the children, or the parents will agree on a babysitter. After divorce, the situation becomes much more complicated. So, what do you do if you are divorced and need to leave your child with someone else? It may depend on…
Good news: Yes, indeed you can get a divorce in DuPage County Illinois right now. The DuPage divorce courts are open for business. In fact, now might be a good time to get a divorce since there are fewer divorce cases being filed. I’ve heard the DuPage divorce Court is Closed Due to the pandemic. What can I do to get a divorce now in DuPage County? Here’s what’s going on: in DuPage County, the same number of Divorce Judges are now available to resolve Divorce cases as there were before the pandemic but fewer cases are being filed. Recently,…
All parents want to spend as much time as they can with their child, and that feeling continues even after divorce. In an effort to gain the most time possible though, parents often make mistakes that can actually hurt their child custody case and result in less time with their children. Below are some of the biggest mistakes made in these cases, as well as some tips on how to help you secure the most favorable outcome possible. Parenting Less While Working More Divorce is costly, and you may have many more expenses now or in the immediate future…
People going through a divorce have to think about the many different terms they will have to sort through, whether it is during mediation meetings or through litigation. One of the most common terms that comes up during a divorce case is spousal maintenance. Spousal maintenance is shrouded in many myths and misconceptions, so if you are going through a divorce, it is important to understand the truth behind this common term. To help with this, below are some of the most common questions about spousal maintenance, and the answers to them. Are Spousal Maintenance and Alimony the Same Thing?…
The word divorce is often associated with short marriages that were the result of a spontaneous weekend but truthfully, a marriage of any length can end in divorce. When a couple gets divorced after a long marriage, they will likely face issues that may not be present when a couple divorces after only being married for a short time. Below are the three most common issues that come up in divorce cases when a couple has been married for a long time. Complex Property Division Issues Property division is a complex issue in any divorce, but the matter becomes particularly…
On March 20, 2020, Governor J.B. Pritzker issued a statewide shelter-in-place order. The order was intended to slow the spread of COVID-19 and keep people safe in their own homes. Although the order may have saved lives and helped Illinois flatten the curve, for others, the news was not good. These are the individuals that are victims of domestic violence. For many of these victims, the only relief they had from the threat of abuse prior to the pandemic was when they went to work, or when their abuser did. It was not long before Chicago, and many other…
Parenting plans are documents that outline the role each parent will have in their child’s life after divorce, and the responsibilities they carry. When parents cannot come to an agreement, a judge will issue a parenting plan. In either case, an agreement is legally binding once it is issued or approved by a judge. It is common to have questions about parenting plans, as they are not something many people have dealt with prior to divorce. Below are the answers to some of the most common questions people have about these plans. What Should You Include in a Parenting…