Latest from Martoccio & Martoccio Blog - Page 2

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…
More and more people write prenuptial agreements every year, realizing that these documents will protect them in the event that the marriage ends. However, there is a lot that goes into a premarital agreement and if you make a mistake, it may not offer the protection you were counting on. Below are the most common mistakes people make when drafting a prenup, and how to avoid them. Failing to Broach the Subject You may feel as though talking about a prenuptial agreement is not romantic, but the truth is that a conversation can make both you and your partner…
can make people act in ways they otherwise would have never even considered. In a few cases, one spouse will stalk their partner in order to intimidate them, learn information that could help their case, such as if the spouse is having an affair, or to try and get their partner to meet their demands. Stalking can involve a number of different behaviors. No matter the type of stalking one is engaging in, it is very threatening and there are steps you can take to stop it if it is happening during your divorce. What Is Stalking? According to the…
Sometimes a person that is married wants out of the relationship, but they do not want to get a divorce. In some cases, a person’s religious beliefs prevent them from getting a divorce, but there are many reasons a person may wish to annul their marriage. Although annulments are granted in Illinois courts, this method of dissolving a marriage has specific requirements and when those are not met, a couple must go through the divorce process to end their marriage. Although the process of annulling a marriage is vastly different from the divorce process, anyone wishing to obtain an…
Not all divorces end up going through a lengthy courtroom battle. In many cases, a couple may choose to enter mediation for their divorce, as it holds many benefits. During mediation, a neutral third-party mediator meets with both spouses and attempts to foster compromise so the two parties can come to a divorce settlement on their own, outside of the courtroom. Mediation is typically less expensive and less time-consuming than other types of divorces and each spouse is generally more likely to follow the provisions outlined in the agreement. However, if you are considering mediation, preparation is still important to…
A recent study has shown that 53 percent of Americans have kept financial secrets from their partner. When two people are going through a divorce and dividing property, keeping these money secrets becomes even more common. People often hide assets when going through the divorce process so they are not divided and they do not lose them during the divorce. So, if you are going through a divorce, how can you tell if your spouse is hiding assets? Below are some of the biggest warning signs to look for that may indicate your spouse is not being honest. Warning Signs…
After the pandemic hit Illinois in late March, unemployment claims in the state increased by more than 178,000. To put that in perspective, that is an increase of 1,833 percent in just one week. With so many people being furloughed, laid off, or permanently terminated from their job, it is no surprise that many parents are also wondering how they are going to meet their child support obligations. Although it is understandable that this is an expense that you may not be able to afford right now, it is crucial that you do not simply stop paying. In Illinois, there…
People face many complexities when getting a divorce. For most, these challenges include disputes about child custody, property division, and other terms of the divorce. Some people, however, face a much different problem. They want to get a divorce, but they cannot find their spouse. Perhaps their spouse left the city or state, or maybe the couple was only married for a very short time before going their separate ways without officially getting a divorce. In these situations, fortunately, it is still possible to divorce, even if you cannot find your spouse. Requirements when Serving a Spouse with Divorce…
After making the difficult decision to divorce, most people would like the entire process to be over with as soon as possible. Unfortunately, divorce is not an automatic process and in Illinois, there are two different waiting periods couples must be aware of. Individuals that wish to file for divorce must have lived in the state for a certain period of time, and then comply with the mandatory waiting period. The Residential Requirement The legal statute governing divorce in Illinois states that the couple must live in the state for 90 days prior to filing. In many cases, this…
Unlike child support in Illinois, spousal maintenance is not awarded in every divorce case. A judge will weigh every case on its own merits and determine whether a need for maintenance exists. If you believe that you deserve spousal maintenance as part of your divorce, it is important to review some important factors to determine if you are eligible, and then explicitly ask the judge to consider awarding you spousal maintenance. Marital Misconduct Is Not Considered When one spouse’s wrongdoing contributed to the breakdown of the marriage, such as if they had an affair, the other spouse often thinks that…
Nearly everyone has heard of a friend or family member that has gone through a nasty divorce. It can seem as though this is the only way to get a divorce, but that is not true. Uncontested divorces are those in which both parties agree to all terms of the divorce and they simply draft an agreement reflecting those terms. Couples often seek uncontested divorces because they allow the parties going through the process to do so with less stress in a shorter amount of time, and it also allows them to save money during the process. Willingness by…
Getting a divorce is a stressful and confusing time. Without knowing what to expect, you could end up in a lengthy court battle, and spend way more than you have to. If you are considering divorce, or the process has already started, check out the eight tips below that can help you get through it. Forget Fault Illinois is a no-fault divorce state, which means neither of you has to prove drunkenness, infidelity, or any other type of fault. If possible, it is important not to focus on who was at fault, as this can lengthen the divorce and will…