Archive, February 2014.

A discovery deposition is a significant part of the divorce proceeding, since opposing counsel gains pertinent information regarding what you will testify to at the trial and also an impression of the type of witness you will make at trial. Often, cases are settled on the basis of the evidence that is given at a deposition. Remember that the first opportunity opposing counsel will have to see how you come across as a witness will be at the deposition.1. Since we are attempting to make a good impression on opposing counsel, you should appear dressed for the deposition the same way that you …
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In a recent Gallup study, the findings show that an increase in the marriage rate would benefit the U.S. economy, due in large part to the fact that married couples spend more on average daily spending than members who fall into the following categories of “Single, never married,” “Divorced,” and “Domestic partnerships.” The study, evaluating 130,000 U.S. adults from January through September 2013, found that on average, married couples spent $102 daily, couples in domestic partnerships spent $98, divorced Americans spent $74, singles spent $67, and widows spent $62.
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Child support orders in Illinois are generated using a calculator. Once the amount is determined, it’s listed in a current child support order. There are cases where the amount of child support can be altered, but it’s recommended that you walk through the procedure with your attorney first. This can be helpful for ensuring that you understand the process as well as making you feel confident and prepared to ask for the change.A child support order alteration can be completed when there has been a major change since the last child support order. Make sure you are clear about what is …
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"My wife and I are in the process of getting divorced. I think she may be talking to her friends about abusing drugs and alcohol online. Can I access her email or Facebook accounts without her consent to see if she is actually doing this?"Most people are familiar with the concepts of “unlawful search and seizure” and “reasonable expectation of privacy” but likely haven't given either much thought since their high school civics class. The advent of the digital age required a broadening of these concepts, which is important to consider and respect if you are going through a divorce.…
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"Can I get court ordered visitation with my child who now lives outside of Illinois?"Yes, a court order for visitation can be granted between a parent and child who lives out of state.A word of caution: To obtain such a court order you must step up to the plate and take active steps to protect your visitation rights, otherwise you may lose the right to see your child. If your child lives in Illinois and the Mother (or custody parent) wants to move the child's residence to another State, you had best obtain a court order in Illinois for visitation before the child leaves the State of …
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"What visitation should I ask for if my child and the custody mother now live outside of Illinois?"With infants and young children you will probably have to come to the home state of your child and have visitation there. Infants and young children under the age of 24 months can have problems known as “separation anxiety” if separated from the Mother for more than a day or two. See my blog: Court Orders for out of State Visitation or Do it Now Before the Child Leaves Illinois!Visitation with Infants and Young Children Who Live Out of State
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A lot of anecdotes and research shared by the media focuses on the downside of divorce, whether it’s the cost, the emotional turmoil that surrounds it, or the best ways to help children cope with their changing life.Some studies have looked at the fact that married couples tend to report higher levels of happiness than do individuals. This has led some scholars to start exploring whether there are any emotional benefits to dissolution of marriage, both in the short term and long term.Researchers in Great Britain discovered that both men and women eventually see an improvement in their …
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While some spouses are not concerned about concealing the details of their extramarital affair, some partners can be masters at disguise. There are emotional clues that your partner could be cheating or is more likely to cheat. If you discover evidence of cheating, you might want to contact a divorce attorney sooner rather than later to walk through your options.There are overt clues that something is up with your spouse, such as trouble remembering things or appearing distracted, but emotions themselves can also give you some guidance. A recent study from the Journal of Family Psychology, …
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Since divorce can be different for everyone, you might find that your emotional recovery from divorce is unique, too. Taking some expert tips to learn about what you’ll need to overcome emotional divorce challenges can be helpful in allowing you to get your life back and to move on peacefully.According to Fredda Wasserman, a Clinical Director at a grief support center, it’s important to remember that there is no “right way” to get over your marriage.Once friends and family learn about your divorce, those with personal or secondhand experience might try to give you tips in order to …
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"What's the funniest thing that's ever happened to you in Court while you're in the middle of the divorce trial?"I was recently involved in a case where the Husband, a multimillionaire, was on the witness stand and was obviously lying through his teeth. Lying so obviously that everyone in the Court room knew that his stories were far from the truth.As my Cross Examination of him heated up, his lawyer, an experienced trial lawyer then began to object to each question I asked of his client. His lawyer could stand it no longer. As my cross examination reach its peak, the other lawyer leaped to …
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A picture is worth 1,000 words. Keep your private life private. Cell phones and social media can cause you to lose your Illinois divorce or child custody case.Cellphone Photos: Nothing makes your spouse's divorce lawyer happier than photos of you doing something you shouldn't. Those jelly shots at the bar last Saturday night might seem like a good idea at the time but no take no photos. You and your divorce Judge may have differing ideas about what makes you a good parent.Status Updates: Status updates on Twitter and Facebook are gold to divorce attorneys and can be used as evidence against …
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According to the American Psychological Association (APA), between 40 to 50 percent of all first-time married couples in America end up having to file for a divorce. Unfortunately, the statistics do not improve for subsequent marriages; in fact, second and third marriages are often less successful than the first. This could be due in part to the difficulties involved with making a stepfamily work. Fortunately, there are a number of things you can do to increase your chances of success.Discuss Your FinancialsArguments over finances and spending are some of the most common complaints married …
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1. Why should I hire your law firm, Martoccio & Martoccio when there are so many other law firms out there?The short answer is we will fight for your rights. We will make sure that you get what you deserve and what you need. To us, your case is important.We believe that every client is entitled to get the best representation available no matter what their income or assets.
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"I am going through an Illinois divorce, and the other lawyer has requested that I appear for my discovery deposition. What should I expect?"If I was your divorce lawyer here is what I would tell you:  A discovery deposition in simplest terms is question and answer session in which the opposing attorney has the opportunity to ask you questions about your divorce case.One purpose for the opposing lawyer to take your deposition is to obtain information from you about the issues in your divorce. For example, if you have children, information related to their custody or visitation may be asked. …
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"What should I expect when a Guardian Ad Litem has been appointed by the Judge in my child custody case?"A Guardian Ad Litem or "GAL" is a lawyer who is selected by an Illinois Court and appointed in your custody or visitation case to make an investigation as to what custody or visitation arrangements are in the best interests of your child.While the Judge in your custody case will ultimately make the decision as to who should have custody of your child, that Judge has no independent knowledge of the facts of your case. A Judge will frequently appoint a lawyer to find out the basic facts and …
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