Category Archives: Family Law

Illinois divorce attorney, Illinois family law attorneyIn April of 2016, the Law Office of Martoccio & Martoccio posted a blog article on the legalities of destination weddings. Within the post, it was noted just how important it is to research your destination of choice and to become familiar with the legal requirements before beginning the wedding planning, but once home, how does one register their foreign marital certificate with their state of residence?

First, the question of the validity of the marriage may cross your mind but, in general, if the marriage does not break any federal or state law, generally they are legally binding both in the country of origin and in your resident state.

For those still in the planning stages of a destination wedding, it is advisable to contact the office of the Attorney General of your state of residence to ensure that your marital status will be recognized before choosing any of these top 10 wedding destination countries or venues:

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Illinois divorce lawyer, DuPage County divorce attorneyThe Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503) defines the division of marital property, marital debt, and any other obligation defined by the court during a divorce and bound by specific procedures. Although Illinois is not a communal property state, it is an equitable division one. At the time of consideration of the division of marital assets and/or debts, Illinois courts will review the overall situation but is prohibited to include any type of marital misconduct, such as infidelity or other damaging factors leading to the dissolution of marriage in their division decisions. The following 12 factors influence the courts in their decision when it comes to fair equity distribution or percentage of marital debt to be satisfied.

Spousal Contributions

The role of the courts is to determine the percentage of spousal contribution that has contributed to the acquisition, preservation or increase, or decrease of all marital or non-marital property. Consideration is also given to which of the partners provided the majority of marital income contributing to an increase in marital assets. The same provision is given to the spouse who has increased the amount of debt throughout the marriage.

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Illinois family law attorney, Illinois divorce lawyerThe month of December is one of the busiest months for first time engagements despite the U.S. ranking as the tenth highest nation when it comes to divorce. According to national statistics, November and December account for 26 percent of all marriage proposals. Not only is it the onslaught of the holiday season, but for many it means the promise of a new beginning. But what happens to the engagement ring if the sparkle fades and the engagement is called off?

Once upon a time, the answer varied state by state under what was defined as “breach of promise” acts but many states have abolished these rulings. If you and your former betrothed reside in Illinois you will need to devise your own plan as to how to handle a broken engagement as Illinois abolished such act under the Breach of Promise Abolition Act (740 ILCS 15), January 1, 2016.

It is believed that the abolishment of promise act was overturned as in many instances the prospective groom did not have a hand in the wedding planning and when the engagement was broken off they were looking at astronomical liabilities.

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Illinois divorce attorney, Illinois family law attorneyAs per the latest data provided by the Centers for Disease Control and Prevention (CDC), the U.S. divorce rate is approximately 3.2 per 1,000 with 45 states and the District of Columbia reporting. Further statistical data reports that for those families navigating through divorce, the aftermath significantly increases the number of single parent households. Currently, single-parent homes headed by women encompasses almost 10 million while single parent homes run by men accounts for a little over two million households.

Although as the divorce rate appears somewhat optimistic in theory, two-thirds of all marriages will ultimately end in divorce. For the parent who has been awarded full custody or will be accepting the bulk of the parenting life, post-divorce may prove challenging.The following suggestions may assist new single parents with settling into a new reality:

Seek Emotional Support

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Illinois divorce attorney, Illinois family law attorneyOver two million couples annually recite these words, "to have and to hold from this day forward, for better or worse, for richer and poorer, in sickness and health until death do us part." These traditional wedding vows echo throughout a marriage but can your spouse be placing extra emphasis on the "sickness and health" reference? Perhaps, as the following scenarios, compiled by the American Association of Retired Persons (AARP) demonstrate how your spouse may influence your health either in a good direction or perhaps a direct path to a qualified divorce attorney.

Is the Glass Half Empty or Half Full?

Obviously, if your spouse is an optimist, even though you may see the glass as half empty, marriages with at least one spouse being the ultimate optimistic, studies report, that both spouses experienced fewer instances of chronic illnesses. Sustainable mobility and motor skills remained intact longer than if one or even both spouses were perceived as pessimistic.

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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.