Blog Authors

Latest from Martoccio & Martoccio Blog

Children often get less credit than they deserve for how resilient they are, even after traumatic life events like divorce. Although most children struggle during the divorce and may deal with some behavioral issues after the divorce is over, they can generally bounce back to their normal selves within a couple of years. Unfortunately, some children face coping challenges that are less easily overcome. If you have gotten divorced in Illinois and are wondering whether your child’s behavior may require professional help, read on. 
When Should I Be Worried About My Child’s Behavior After Divorce? 
Certain behavioral changes are
Continue Reading When Should I Seek Professional Help For My Child’s Reaction to Our Divorce?

Divorce is famously difficult for children to cope with, but for children who have autism, the changes that come with divorce can present additional challenges. Parents of children with autism may be reluctant to pursue divorce, even when their marriage is deeply unhappy or feels like it is at a dead end, because of concerns that their child may present significant behavioral challenges that could make the divorce even harder. 
Fortunately, research exists on children with autism in divorces and experts have several suggestions that may help these children cope with divorce in a way that benefits the child and
Continue Reading Is Divorce Harder on Children with Autism? 

Uncertain financial circumstances pose a difficult question for spouses who are seeking divorce in Illinois. As the economy shifts, inflation seems likely to continue and many economists are predicting an economic contraction in the near future. Given the options available, what is the most sensible divorce strategy, given that future employment may not be guaranteed? In addition to the financial costs of divorce, spouses must also consider the time they want to spend on their divorce, as well as the atmosphere they want to maintain. While people rarely want to spend more time than necessary on their divorce, the
Continue Reading Traditional Divorce Litigation Versus Mediation or Collaborative Divorce: Which is Right For Me? 

Alimony has a reputation for being one of the most contentious parts of a divorce – and of remaining contentious for many years after a divorce is finalized. Also known as spousal support or spousal maintenance, alimony in Illinois is less common than it used to be but is still a part of many divorce agreements.
As couples are increasingly encouraged or even mandated to use mediation or other alternative dispute resolution methods to keep their divorce negotiations out of court, negotiating an alimony agreement that feels fair to both parties is much easier with the help of a skilled
Continue Reading Four Kinds of Alimony That Are Available in an Illinois Divorce

Many spouses are shocked to discover their partner has committed a serious enough crime to land them in jail. Seeing one’s partner in prison garb and facing the consequences of his or her decision may be more of a burden than the marriage can bear. If a couple shares children, the prospect of explaining the situation to children and continuing a relationship with an imprisoned parent further complicates the question of whether to continue the marriage. Deciding whether to get divorced when your spouse is in jail or prison is a very difficult choice; an experienced Illinois divorce attorney can
Continue Reading Can I Get Divorced If My Spouse is In an Illinois Jail?

The prospect of managing a divorce, maintaining relationships with your children, and staying focused on your work while you are deployed can feel overwhelming. If you are in this position, you may not know what to expect or who to turn to for answers to your questions. However, many before you have been in your exact position and have gotten valuable assistance and representation from an Illinois divorce lawyer who can make the entire process straightforward and understandable. If you are getting divorced and are currently deployed or will be deployed soon, read these answers to some common questions
Continue Reading Does Military Deployment Affect Child Support Obligations in Illinois? 

Divorce in DuPage County, IL can become a heated and competitive endeavor that sometimes results in spouses trying to hide assets from each other. From hiding cash in a secret place to hiding cryptocurrency in an offshore bank account, it can be difficult to find and prove that hidden marital assets really exist and deserve to be divided as part of the marital estate.
Hiding property is an unfair and unethical behavior that does not just affect the division of marital property – it can also affect child support payments and spousal maintenance payments by making a business owner’s revenue
Continue Reading Five Ways a Small Business Owner Might Try to Hide Assets in an Illinois Divorce

When parents of underage children get divorced in Illinois, they must create a parenting plan as part of their divorce decree. Parents are encouraged to work together to create this parenting plan without the help of a judge and may be ordered to attend mediation if necessary in order to do so. Although working together with your ex may not be easy, both parents are far more likely to be satisfied with the terms of their parenting agreement when they create it themselves.
Parenting agreements contain many different parts, including when children will be with each parent, where holidays will
Continue Reading The Right of First Refusal: Is it Right For You? 

When they are written well, prenuptial agreements are legally binding contracts that specify how a couple’s finances, at least in part, will be handled in a divorce. While most people have signed arbitration clauses in contracts like user agreements (often included in the fine print that nobody reads), those same people may be surprised to learn that arbitration agreements can also be included in an Illinois prenuptial or postnuptial agreement. 
Arbitration can be beneficial for many reasons, most of which are similar to the purpose of the pre- or postnuptial agreement itself: Avoiding protracted courtroom hostilities and ensuring parties can
Continue Reading Can We Include an Arbitration Clause in Our Illinois Prenup?

Couples deciding to get divorced in Illinois have generally thought through the impact that separation will have on their own lives. But it is also important to carefully consider how divorce will impact your children, who do not have the maturity to understand why parents separate and what these changes mean. While all divorcing parents must create a parenting agreement that describes parental responsibilities and parenting time, attention must also be given to helping children make the major adjustment to visiting parents in different homes. Here are a few tips that can help. 
Treat Your Co-Parent With Respect 
Continue Reading How Can I Help My Kids Adjust to Their New Visitation Schedule? 

Some Illinois couples get divorced because of financial disagreements; other couples get divorced because of differences in how they want to raise their children. Still more couples get divorced because of abuse, adultery, or neglect. These issues can make pursuing a divorce a fairly straightforward, if difficult, decision to make. 
However, some people find they absolutely cannot stand their spouse – but for reasons they might feel embarrassed or nervous to share with friends and family. If the way your spouse eats, blows their nose, breathes, fidgets, or snores in their sleep makes you want to tear your marriage certificate
Continue Reading I Cannot Stand the Noises My Spouse Makes. Is That A Good Enough Reason For Divorce?

When a couple who shares children and owns property wants to get an Illinois divorce, they will need to draft a marital settlement agreement (MSA) before the divorce can be finalized. A marital settlement agreement, or divorce agreement, is the contract that details exactly how a married couple will divide their marital assets and debt and handle child-related issues. Once the MSA is drafted, a judge can approve it and include it in the Judgment of Dissolution, which is handed down when the marriage ends. So, do you need an MSA? And, if so, what does an MSA need
Continue Reading What Does a Marital Settlement Agreement Need to Address? 

Couples in Illinois often live together for many years without considering or pursuing marriage. Cohabitation without marriage may be preferable for many different reasons, including partners who come from very difficult cultures, couples who want to save the money and hassle of planning a wedding, or people for whom marriage is just not a priority. Although these reasons are legitimate, the truth is that marriage in Illinois gives partners rights and protections during divorce that do not exist for cohabitating couples, no matter how long they have been living together. 
Partners who have owned property and shared a home for
Continue Reading Can I Prove We Were in a Common Law Marriage in Illinois?  

Spouses getting divorced in Illinois must manage the negotiation of their marital assets, including determining which assets are marital property and which are personally owned. While this sounds straightforward, in practice it can be a very difficult and contentious process. This is especially true for couples with a high net worth and complex assets, but even spouses who have inherited relatively small amounts may struggle with determining what is marital property and personal property. 
Fortunately, there is a process called asset tracing that can help spouses determine how much of an asset is marital property. Asset tracing can also help
Continue Reading When Can Asset Tracing Be Helpful in a DuPage County Divorce? 

Divorces involving spouses from two different countries may present the issue of dividing assets owned by one or both spouses in a location other than America. This can present a number of complications for an Illinois divorce because if a spouse is determined to hide international assets or lie about their value, it can be difficult to find or assess the exact value of an asset. Fortunately, attorneys with experience with dissolution of arranged marriages can help spouses who own complex assets overseas divide their assets fairly. 
Is a Foreign Asset a Marital Asset? 
Whether a piece of property, bank
Continue Reading How Can I Ensure Our International Assets Are Fairly Divided in Our Illinois Divorce? 

Even in the most ideal circumstances, getting divorced is challenging and involves a thorough understanding of complex Illinois law. But when one or both spouses are active members of the United States Armed Forces and are deployed, divorce becomes more complicated because military divorce laws apply. If you or your spouse are an active member of the USAF, here are three ways a military deployment could affect your Illinois divorce.

You May Need to Establish Residency
Before someone can successfully file for divorce, they need to make sure that the courts in their area have jurisdiction over their case.
Continue Reading Three Ways Military Deployment Might Affect Your Illinois Divorce