Archive, September 2013.

William Shakespeare said, " What's in a name?" In a divorce the answer may be, "Make sure your divorce papers include your right to get your old name back."In Illinois, if you are a woman you can resume your maiden or former name by you or your divorce lawyer requesting your change of name before the end of the case. This is done by including your old name in the final divorce papers called a "Judgement for Dissolution of Marriage" in Illinois. The judgment is signed and entered by the divorce judge in your divorce case. The judge has no choice and must allow you to take back your old …
Continue reading

These days you can literally open up your mail and read a statement showing that someone charged $10,000 on your credit card and it wasn't you. Almost immediately you panic! So now you need to settle down and deal with the problem.If you use a credit card rather than a debit card, federal law provides that your liability for unauthorized credit card use is $50. If you file a missing card report before it's used you have no liability. Some credit cards offer consumers protection against even the $50 liability. It's obvious the credit card companies would love us to use our …
Continue reading

When passengers board CTA buses, they expect a smooth ride that is going to be operated safely. According to CBS Chicago, riders on the CTA Fullerton route were both shocked and concerned when their bus driver was doing the exact opposite. A CTA passenger reported that the bus was moving slowly with frequent, hard braking. The passenger, Risa Lopez, stated that she looked toward the driver to see what was going on, and saw that the driver was eating a strawberry sundae from McDonalds  with one hand while driving with the other. She decided to videotape the driver on her iPad because she did…
Continue reading

You can be charged in Illinois if you fail to pay court ordered child support in Illinois. The Illinois Non-Support Punishment Act, took effect October 1, 1999. Since then, there have been prosecutions.In Cook County, a father from Schaumburg was convicted for failure to pay about $46,000 in support for his two children. The judge sentenced him to 30 months probation.Samuel Q. Mack, the father of a 7-year-old son, plead guilty and was sentenced him to a year in prison for being delinquent in support payments for more than a year of totalling $16,425. And upon completion of his state prison …
Continue reading

In Illinois, you can obtain an Order of Protection from the court to protect you from family members or those with whom you've had a romantic relationship or lived with who have made threats of violence against you.The Illinois Domestic Violence Act (750 ILCS 60) does not protect you from threats of violence from co-workers, from friends or even complete strangers who may have made such threats.However, in 2010, Illinois enacted a new law called the Stalking and No Contact Order Act (740 ILCS 21). The newer law provides that even if there was no romantic or family relationship but there…
Continue reading

"Can I make a will in Illinois and provide that if I die my children go to live with someone other than my ex husband, like my sister and her family?"Yes, you can provide in your will that upon your death you would like your children to be in the custody of whoever you choose. However, it is only a statement of your wishes and not binding on the court. So, you cannot by will or gift direct who will have custody of your children if you pass away. A judge or court does not have to follow your will for your stated choice of the next parent for your children.Who will have custody of your …
Continue reading

Hundreds of car accidents, both minor and fatal, take place every day here in the state of Illinois.  If you have had the misfortune of being involved in one of these accidents, there are a few guidelines from the Illinois DMV that you should follow once you’re sure everybody is safe.If somebody involved in the accident is injured badly and needs help, attend to them first.  Cover them with a blanket or jacket to help ensure they do not go into shock, but do not move them unless absolutely necessary, as it could only cause more damage.  Call 911.
Continue reading

If you are a stay-at-home mom or dad and have not established credit in your own name, it is a good idea to start right now. If you do go through divorce or separation from your spouse you may be unable to obtain credit since she had never had credit before. It's one of those catch 22 situations. The good news is:STAY-AT-HOME MOMS ARE FINALLY SAVED FROM BEING DENIED ACCESS TO THEIR OWN CREDIT CARDS.
Continue reading

The question in the case of a broken engagement is: Is a man who is given a woman an engagement ring entitled to the ring or its value if his fiancée subsequently breaks the engagement?First a ring is a gift under Illinois law. However, it is a special kind of gift that comes with the condition that there be a subsequent marriage between the parties. If a fiancée who receives the ring fails to perform by completing the marriage, the ring goes back to the giver.Well you may ask, what happens if it's a mutual decision not to get married? Does the fiancée keep the ring or does the …
Continue reading

Two west suburban Chicago women were killed in mid-September in a fiery crash on the Eisenhower Expressway, according to the Chicago Tribune. A man was arrested in connection with the crash and was “charged with aggravated driving under the influence,” Illinois State Police told the Tribune of Miguel Rico, 20. “But State Police spokesperson Monique Bond and the Cook County state’s attorney’s office said [later] that Rico has not yet been charged.” Rico is, however, allegedly the man who was operating the vehicle responsible for the crash, and, according to the Tribune, “after …
Continue reading

1. Is there a "cooling-off" period in Illinois before a person can to file for divorce?No, there is no requirement that you delay any amount of time before filing a divorce, now called a dissolution of marriage case.2. Can I get an uncontested divorce in Illinois if both parties agree?
Continue reading

"How do we divide the household furniture and personal items?" Simple agreement.If you divorcing in Illinois you will need to divide furniture and personal items, called "personal property." The best answer is to talk to your ex spouse and come up with a simple agreement and put it in writing listing and dividing the personal property. This will save you both stress and attorney fees.The Written List
Continue reading

Jealousy is an ugly emotion that can tear apart relationships. According to a report in Psychology Today, jealousy can manifest in different ways.Types of JealousyThere are two definitive type of jealousy that were revealed in a study that was performed by the Karolinska Institute. The first type was sexual jealousy. This type of jealousy happens when a partner in the relationship has had a physical sexual relationship with someone outside of the marriage.
Continue reading

Mayor Rahm Emanuel got the opportunity to be a hero while drinking his morning coffee in mid-September, when he overheard a bicyclist near the intersection of Milwaukee, Chicago and Ogden avenues get hit by a truck, according to the Chicago Tribune. “The mayor ran around the corner to find a woman on a bike had been hurt in a crash, and he stayed with her until an ambulance arrived,” spokeswoman Sarah Hamilton told the Tribune. The intersection is one of the busiest cycling spots in the city, with Milwaukee Avenue often dubbed “the hipster highway” for its heavy bike traffic. Charles …
Continue reading

Rev. Patrick Dowling seemed to arrive at the scene of an auto accident in July out of nowhere.  Rescue officials were baffled at the appearance and disappearance of the priest and his request to anoint accident victim Katie Lentz, 19.Dowling reported to the National Catholic Register website that he had just been returning from Mass in Ewing when he came upon the scene.Not one witness reported seeing the priest’s car before he arrived at the site of the car accident.  At the time, emergency responders were trying unsuccessfully to cut Lentz out of her mangled vehicle.  Lentz had been …
Continue reading

If you are planning a divorce and you’re concerned that it could become hostile, you need to keep a careful eye on your financial situation in the months leading up to and during the legal proceedings. One of your first steps should be to set up accounts in your own name, and then you should investigate hiring a lawyer to learn more about what to expect.Start by establishing financial accounts in your own name. Do not count on a joint account to cover you, or any joint bills, during this time. Your spouse may make an attempt to drain the account, and it’s very dangerous for you both to be…
Continue reading

1. The Divorce Settlement Agreement should state specifically that you as the father paying child support can claim the exemption for your child (or the children) as dependents on your Federal and Illinois Income Tax returns. If nothing is said in the Divorce Settlement Agreement, only the mother by default can claim them. Also it should be in writing that your former spouse will release the exemption to you by signing an IRS form 8332 and providing the signed form to you each year you are to claim the exemption. This example assumes that the mother has residential custody of the children.2. …
Continue reading

The US Food and Drug Administration (FDA), which regulates lasers, have issued a warning to parents about the potential dangers posed by lasers that are mounted on toys. Items such as toy guns that have lasers that can be used for aiming, spinning tops that project lasers as they spin, hand-held lasers used as ‘light-sabers’ in play and lasers that create optical illusions in rooms (i.e. entertainment) have all fallen under the FDA’s warning.According to the agency, when these toys are operated in an unsafe or uncontrolled manner, the highly-concentrated light from lasers—even those …
Continue reading

According to a report by NBC Chicago, 25-year-old Nikita Taylor is fighting for his life after being attacked by several pit bulls owned by a neighbor.Law enforcement officials state that it is unknown exactly how many dogs Taylor was attacked by but witness statements claim that there were anywhere from three to six dogs that were involved in the attack. One witness, Jewell Edwards, told NBC Chicago that she hears the dogs outside all the time, but this time when she went outside, she saw Taylor fighting for his life. Edwards said, "I don’t know if his arm is still on. The skin pulled off …
Continue reading

If criminal charges can be brought against a father in the State of Illinois for failure to pay child support, what does the state attorney have to prove?Charges can be brought under the Non-Support Punishment Act (750 ILCS 16/15). The State of Illinois must prove that you did one of four different things.
Continue reading

Free Initial Consultations

phone (630) 920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone (331) 588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2017 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X