Latest from Martoccio & Martoccio Blog - Page 2

If your child is in an unsafe situation with the other parent, you may need to file for emergency custody with an Illinois lawyer. Getting emergency or temporary custody allows you to protect your child while your permanent custody case proceeds. Here is how the emergency custody process works in Illinois:
File a Petition for Emergency Order
To request emergency custody in Illinois, you must file a “Petition for Temporary Emergency Custody” in court. The petition should detail reasons why the child is currently at risk of harm in their present environment. Examples include abuse, neglect, drug use in
Continue Reading How Can I Get Emergency Custody of a Child in Illinois?

When parents separate or divorce in Illinois, one of the most important issues to resolve is a parenting plan arrangement, also known as child custody. Negotiating agreements can be extremely emotional and challenging. However, there are steps you can take with an Illinois attorney to help achieve a fair outcome that prioritizes your child’s best interests.
Understand Illinois Parenting Plan Laws
The parenting plan laws are designed to promote the child’s welfare and best interests. Illinois uses the “best interests of the child” standard to determine custody. The court considers factors like the wishes of the parents and child,
Continue Reading How Can You Achieve a Fair Parenting Plan in Illinois?

Divorce can be an extremely complicated and stressful process, especially when substantial marital assets are involved. Navigating the asset division process requires understanding complex financial matters, tax implications, and understanding how Illinois law handles high-net-worth divorces. Working with an Illinois lawyer can help with the process.
Classifying Assets as Marital or Non-Marital in Illinois
The first major task is identifying and classifying all assets as marital or non-marital. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property includes any assets acquired or income earned during the marriage, as well as any appreciation in value of non-marital
Continue Reading Dividing Assets in an Illinois High Net Worth Divorce

Ending a marriage is never easy. On top of the emotional turmoil, there can also be complex legal processes to navigate, especially if you are dealing with alimony and spousal support. Making mistakes during this process can lead to financial loss, damaged relationships, and unnecessary stress. Knowing the common divorce mistakes ahead of time can help, along with the guidance of an Illinois attorney.
Failing to Meet Illinois Residency Requirements
To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This is a firm requirement under Illinois
Continue Reading Top Mistakes to Avoid When Filing for Divorce in Illinois

Child custody is often a significant issue for divorced or unmarried parents in Illinois and across the country. Over time, laws have changed to be more equitable between parents. Changes to recent laws have also given more weight to what the child wants. While you should always consult with an experienced Hinsdale child custody attorney to remain up to date on Illinois child custody laws, here are some recent changes you should know about. 
Recent Changes in Illinois Child Custody Laws
Since 2016, there have been many significant changes in child custody laws in Illinois that both parents should be
Continue Reading 2023 Changes in Child Custody Laws in Illinois

Divorce laws vary from state to state, and it is essential to understand how your specific state handles the division of marital property when going through a divorce. In Illinois, the division of assets is guided by the principle of “equitable distribution,” which means that assets are divided fairly but not necessarily equally. This stands in contrast to the concept of a “50/50 divorce state,” where marital property is split right down the middle. When you hire an experienced Hinsdale divorce lawyer, they can help you understand how this framework will impact your divorce.
Equitable Distribution 101
Continue Reading Is Illinois a 50-50 Divorce State?

Illinois child custody laws and statutes set forth the specific steps for determining child custody when two parents divorce or are unmarried. Each parent should have their own Hinsdale child custody attorney during this process.
When it comes to navigating custody matters, both parents typically attempt to divide custody responsibilities amicably. However, if mutual agreement remains elusive, the legal system intervenes to ensure a fair resolution.

Types of Child Custody in Illinois
When it comes to custody matters, there is legal custody, and there is physical custody. Illinois courts draw a clear line between them. Legal custody is called
Continue Reading How is Custody Determined in Illinois?

As your Hinsdale divorce lawyer will assure you, divorce and its aftermath are unique to each couple and family. Sometimes in the aftermath of a marriage, fathers can experience changes in their parenting styles, resulting in what some call “Divorced Dad Syndrome.”
Divorced Dad Syndrome, sometimes called Guilty Dad Syndrome, is a behavioral phenomenon that manifests in certain men following a divorce. These individuals are overwhelmed by a deep sense of guilt stemming from the dissolution of their family, often due to their perceived wrongdoings. This guilt is mainly fueled by the emotional wounds their children may experience due
Continue Reading What Is Divorced Dad Syndrome?

Although divorce is often nuanced with many other issues and emotionally charged, it is a legal process at its roots. If you or your spouse have filed for divorce, you need representation from the most skilled Hinsdale divorce lawyers available. You can find them at the [[title]].  We handle the legal details for you and ensure everything is handled correctly so that you can focus on yourself and your children. 
Divorce Requirements in Illinois
Unlike some other states, Illinois has some very simple rules to qualify for a divorce. Here is what you need to know about the requirements for
Continue Reading What are the Requirements to File for Divorce in Illinois?

A morality clause dictates how soon-to-be-ex spouses will pursue romantic relationships after marriage when the child is living with them. While a spouse may include a morality clause in the divorce or child custody agreement (parenting plan), it is not a mandatory part of a divorce decree in Illinois. This article shares some common examples of the morality clause and its implication. 
Understanding the Morality Clause and Its Implications 
A morality clause safeguards a child’s best interests after a divorce by requiring parents to follow specific rules in romantic relationships. The rules typically focus on overnight guests, cohabitation, and when
Continue Reading Divorce in Illinois: What Is a Morality Clause?

Couples considering divorce may have heard that Illinois is a no-fault divorce state. As of 2016, state laws do not require you to blame your spouse for doing something wrong to file a divorce. Instead, you can cite “irreconcilable differences” as a reason for the separation. This article explores the implications of the no-fault law on your legal proceedings. Here is what you should know.
Is a No-Fault Divorce Simpler? 
As a no-fault state, the Illinois court does not need you to specify why you want a divorce besides stating that you and your partner are experiencing “irreconcilable differences.” The
Continue Reading Why Is Illinois Called a No-Fault Divorce State?

Being unmarried warrants the need to submit a positive DNA test result or sign a Voluntary Acknowledgement of Paternity (VAP) to prove one as the biological father of a child. Aside from proving your genetic connection, establishing paternity comes with legal rights and responsibilities. This includes parental responsibilities, child support payments, and other financial obligations. We discuss this in detail below. 
Parental Responsibilities and Parenting Time 
After confirming paternity, a father may receive various rights to help build a healthy and meaningful relationship with his child. Parents are encouraged to work together to create a parenting plan, but if parents
Continue Reading Understanding Paternity Rights in Illinois: What Should You Know?

When filing for a divorce, you must make many major decisions. One of these includes choosing between litigation and mediation. Remember that every case is different, so it is important to understand how each procedure works and if it meets your needs. This article explains what mediation and litigation mean for an Illinois divorce and their role in various situations. 
What Is Mediation?  
Mediation involves trying to create a mutual agreement between divorcing spouses about property division, child custody arrangements, spousal support, etc. This allows couples to try to manage their differences themselves to gain more control over divorce-related decisions. 
Continue Reading Mediation vs. Litigation: Choosing the Right Approach for Your Divorce

Contrary to popular belief, spousal maintenance (formerly known as alimony) is not mandatory in an Illinois divorce. Rather, the court decides if it is appropriate for one spouse to receive financial support after the divorce. Some spouses can reduce their spousal support obligations or avoid paying alimony entirely by striking a deal with their soon-to-be ex or requesting the court for an adjustment. We discuss these strategies in detail below. 
Prenuptial Agreements Can Preempt Spousal Support Payments 
Prenuptial agreements can save you from paying spousal support. You can sign a premarital agreement stipulating whether you will pay spousal maintenance if
Continue Reading Can You Avoid Paying Spousal Maintenance in Illinois?

In Illinois, divorcing parents (or ones seeking separation) must create a parenting plan to share responsibilities for raising their child. The court requires the couple to consider living arrangements while distributing parental responsibilities and parenting time centered on the child’s best interests. Understanding the difference between different arrangements can help you make an informed choice. We share an overview of the common types of child custody arrangements below. 
One Parent Has All Parental Responsibilities 
Previously known as sole custody, this arrangement refers to a situation where only one parent has parental responsibilities. That means the right to make life decisions
Continue Reading 3 Types of Child Custody Arrangements Accepted in Illinois

When couples with high net worth, substantial assets, and wealth wish to part ways in Illinois, they opt for a high-asset divorce. Usually, this applies to a divorce with liquid assets worth more than $1 million.
Asset Division in a High Net-Worth Divorce
Illinois courts recognize equitable distribution laws for asset division in divorce cases, including high net-worth ones. This means the split is not straight down the middle. Rather, the court divides assets equitably and as fairly as possible. Special care is taken for assets in a high net-worth divorce since much more is at stake.
Some of
Continue Reading Factors in a High Asset Divorce in Illinois