Latest from Martoccio & Martoccio Blog - Page 3

Marriage annulment, also known as a Declaration of Invalidity in Illinois, is a legal process that allows two partners to dissolve a fraudulent or invalid marriage. Unlike a legal separation, an annulment declares that the marriage was never valid from the beginning. While divorce falls under Illinois divorce laws, annulments are governed by specific legal requirements unique to annulment cases.
Difference Between Annulment vs. Divorce
Marriage annulment is often misconstrued as a quick solution for impulsive Las Vegas weddings. However, annulments are more intricate and have stricter requirements and time limitations compared to divorces, which are more common. People may
Continue Reading Annulments in Illinois Marriages: Everything You Need to Know

In Illinois, child custody laws address how children will be cared for, how parents will make important child-related decisions, and when children will live or spend time with each parent following a divorce or separation. Navigating the complex child custody can often be overwhelming, especially for parents who are in the midst of a divorce or the end of a relationship. Here are some facts that can help clarify issues related to child custody and ensure that parents will be able to approach this process successfully:
There Are Different Types of Child Custody
Depending on the circumstances of a case,
Continue Reading 5 Important Facts About Child Custody in Illinois

Domestic violence is a serious issue that affects countless individuals and families. If you find yourself in an abusive or dangerous situation, taking immediate steps to protect yourself and your loved ones is crucial. A domestic violence restraining order can help ensure your safety and establish boundaries as you work to address family law issues such as divorce or child custody.
Understanding Domestic Violence Restraining Orders in Illinois
A restraining order, also known as an order of protection, is a legal document issued by a court to prohibit an abuser from engaging in abusive behaviors and provide specific directives
Continue Reading How Can I Obtain a Domestic Violence Restraining Order in Illinois?

Child custody orders are crucial legal agreements that establish the allocation of parental responsibilities and parenting time for divorced or separated parents. However, there are instances when one parent fails to comply with the terms of the custody order, leading to disputes and challenges. In this blog post, we will explore the legal options available for enforcing child custody orders in Illinois. Understanding these options will help you protect your rights as a parent and ensure your child’s best interests are upheld.
Understanding Child Custody Order Enforcement in Illinois
Child custody laws in the state prioritize the best interests of
Continue Reading Enforcing Child Custody Orders in Illinois – Your Legal Options

Whether you have joint or shared custody of your children, the adjustment can be challenging for them, especially if they are quite young. Besides getting used to the fact that they would no longer see their parents every day, they also had to adapt to new living arrangements and circumstances if either of the parents moved.
How to Make Child Custody Arrangements Easier On Kids
Here are some ways you can make the new living arrangements and parenting plan easier on your children:

  • Don’t Speak Ill of Your Ex
  • If you had a contentious divorce, you might be tempted
    Continue Reading 4 Ways to Make Child Custody Arrangements Easier on Children

    Divorce is a challenging and emotional process, regardless of the assets involved. However, when it comes to high-asset divorces, the complexity of the situation increases significantly. The division of property, alimony, child support, tax implications, and complex business interests can make high-asset divorces more complicated than traditional ones. 
    In this guide, we will explore why high-asset divorces can be more complex than traditional divorces.
    Division of Property
    The division of property is one of the most contentious issues in any divorce case. In high-asset divorces, the complexity of the division of property is increased exponentially. There are often
    Continue Reading Why High-Asset Divorces Can Be More Complex Than Traditional Divorces

     Prenuptial or postnuptial agreements are important legal tools that can be used for various purposes before or during a marriage. These documents are contracts between couples who intend to get married (in the case of prenups) or who are already married (in the case of postnups).
    Spouses or soon-to-be spouses can use these agreements to set rules about how property will be divided in case the couple decides to divorce in the future. However, these documents are also used to address issues other than divorce.
    Although prenuptial and postnuptial agreements are often considered highly self-protective tools, they have several
    Continue Reading Benefits of Prenuptial and Postnuptial Agreements in Illinois 

    The divorce process involves several issues and critical decisions that can impact your life and finances long-term. One of the major decisions you must deal with includes the property and debts you own. Determining how such things can be divided fairly between you and your ex-spouse during divorce can be overwhelming. If you and your spouse cannot negotiate an agreement, the court divides property per Illinois equitable distribution laws. 
    Marital Property is ‘Equitably’ Divided 
    In Illinois, marital and non-marital property is divided equitably rather than equally, but not separate/non-marital property. So when preparing for a divorce, one of the first
    Continue Reading Navigating the Division of Marital Property: A Guide for DuPage County Residents

    Divorce can be complex and challenging to navigate, especially when it comes to enforcing court orders. However, whether it is related to child custodyspousal support, or asset division, court orders must be followed to ensure a fair and just outcome. 
    Unfortunately, not all ex-spouses comply with court orders, which can be frustrating and financially burdensome for the other party. In Illinois, various legal options are available to enforce court orders related to divorce and family law matters. This blog discusses these legal remedies, which can help you ensure your rights are protected.
    What to Do if
    Continue Reading Enforcing Court Orders: What to Do if Your Ex-Spouse Is Not Complying

    Divorce is considered an overwhelming experience but proper planning can help alleviate some of the stress and uncertainty associated with it. Divorce planning has numerous benefits, and it can help make a significant difference in the outcome of a divorce case. 
    Keep reading further as we discuss the importance of divorce planning and how it can help individuals prepare for the divorce process.
    What is Divorce Planning?
    Divorce planning is a proactive approach to divorce that involves assessing one’s financial situation, identifying potential issues, and developing a strategy to protect one’s interests during the divorce process. Divorce planning aims to
    Continue Reading Preparing for Divorce: The Importance of Divorce Planning

    Child support is a critical financial obligation that parents have to their children after a divorce or separation. It ensures that their basic needs, such as food, shelter, clothing, and medical expenses, are taken care of. In Illinois, child support is calculated based on the income of both parents and the number of children they have. However, sometimes circumstances change, and a child support order may need to be modified accordingly. 
    In this blog, we will examine the situations that may require the modification of a child support order and the legal process involved in Illinois. Read on to learn
    Continue Reading Child Support Modification: When and How to Modify Child Support Orders

    If you are researching your options with regard to a family law dispute such as a child custody case, you may come across the phrase “child’s best interests.” When Illinois courts decide on legal issues involving children, the court always aims to make a decision that is in the child’s best interests. However, it can be difficult to understand exactly what this means. In this blog, we will discuss the types of factors Illinois courts consider when determining what case outcome is in the child’s best interests.
    Deciding What Is Best for a Child
    Whether it is a child custody
    Continue Reading How Do Illinois Courts Determine What is in a Child's Best Interests?

    You may be surprised to learn that, although the overall divorce rate is declining, divorce among spouses over age 50 has been climbing rapidly. More and more older couples are getting divorced. The reasons that couples in their 50s, 60s, or 70s get divorced are just as varied as the reasons these couples got married in the first place. However, one thing is certain: Divorce is much more complicated when spouses are older.
    If you are over age 50 and planning to end your marriage, make sure you understand the unique financial, legal, and emotional challenges you are likely
    Continue Reading Getting Divorced After Age 50: What You Need to Know

    Infidelity during a marriage is more common than many people realize. One study showed that between 20 and 25 percent of men cheat on their spouses and 10 to 15 percent of women cheat on their spouses. If your marriage is ending and you or your spouse were involved in an extramarital affair, you may have questions about how the affair will impact your divorce. It is important to keep in mind that divorce laws vary from state to state. The following information applies to divorce in the state of Illinois.
    Will I Be Considered At Fault for the
    Continue Reading 5 Questions About Affairs and Divorce in Illinois

    Divorcing parents in Illinois use a parenting plan or parenting agreement to lay out the terms of their custody agreement. The parenting plan describes the parenting time schedule, or when each parent will be responsible for the child, as well as how major decisions will be made about the child. If circumstances have changed since you created your parenting plan, you may be interested in changing the plan. Read on to learn the circumstances under which a parenting plan may be modified in Illinois.
    Modifying Parenting Time
    Parenting time or visitation is easier to modify than the allocation of
    Continue Reading Can I Change Our Parenting Plan?

    There is no doubt about the legitimacy of the domestic violence problem throughout Illinois. However, not every accusation of domestic violence is genuine. Some divorcing spouses make allegations of abuse against the other spouse simply to gain an advantage in the divorce proceedings.
    False accusations of domestic violence have serious consequences, both legally and emotionally. When an accusation is made, the accused may find themselves facing criminal charges, even though they are completely innocent. This can lead to lasting emotional trauma for everyone involved in the case as well as strain on their relationships with family, friends, and coworkers.
    If
    Continue Reading False Accusations of Domestic Violence During Divorce