Category Archives: Family Law

DuPage County family law attorney Mark ImielskiThe Law Office of Martoccio & Martoccio is pleased to welcome Attorney Mark R. Imielski to the firm. DuPage County family law attorney Mark R. Imielski obtained his J.D. from Northern Illinois University College of Law and obtained a B.A. in creative writing from Knox College in Galesburg, Illinois. He concentrates his legal practice on all aspects of family law including child custody litigation, removal issues in pre and post-decree divorce cases, and asset identification and division. Imielski is an active member of the Illinois State Bar Association and DuPage County Bar Association.

“We look forward to working with Mark, his intelligence coupled with his devotion to the needs of our clients provides a perspective that is often lacking in this business,” says Managing Partner John F. Martoccio.

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social security, divorce benefits, DuPage divorce lawyerSocial Security benefits are not subject to division on divorce in Illinois. Most retirement benefits such as traditional pensions paid monthly, 401K accounts and IRA accounts earned during the marriage by your spouse are treated as marital assets and are routinely divided in a divorce. Simply put: if your Husband or Wife earns a retirement benefit in his or her own name, you get a share upon divorce. Usually at least 50% of the marital portion of that retirement account can be divided to you.

But your Husband's or Wife’s Social Security benefits, even if earned during your marriage, cannot be divided in Illinois as marital property since are not subject to division on divorce. See my post: The Good and Bad of Social Security and Divorce in Illinois.

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b2ap3_thumbnail_children-of-divorce.jpgE. Mavis Hetherington, acclaimed James M. Page Professor of Psychology of the University of Virginia’s psychology department and the Center for Children, Families and Law, revered esteemed pioneer in the field of understanding how divorce affects a child’s psyche and future was once quoted as to correlating as to how “marriage has become a more optional, less permanent institution in contemporary America”, also believed that children and adolescents met challenging changes and stress often associated with their parent’s marital transitions.

Hetherington, supported by intense research, theorized that children from divorced families experienced a higher rate of dysfunction in academic, behavioral and psychological behaviors, more so than those children living in a copacetic family nucleus. Often a by-product of these challenging changes, parents in the process of divorce may find themselves dealing with a child’s anger over this life-changing decision. So what is a parent to do?

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illinois cohabitation agreement, DuPage family law attorneyWhat should be in my written agreement with my live in boyfriend? If you were going to open a new business with a friend or jointly own real estate or you have joint credit cards, you would most certainly want a written agreement. Living together as an unmarried couple or "cohabitation" as it is called, creates any or all of those events. If you and your boyfriend are going to live together, it is important decide your financial future together. Create a written agreement or at the minimum an outline of your financial future. Spell out in detail how property will be owned while you are together and if you part company, how your property and debts will be divided later. 

As an unmarried couple you may acquire lots of things.  Most commonly, couples buy automobiles, furniture and furnishings and even sometimes a house or other real estate. If you and your boyfriend separate in the future, regardless of who is at fault,  you will need a roadmap to separate your finances and things you have purchased together or separately without going through a long and emotionally draining lawsuit. 

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b2ap3_thumbnail_desertion-in-divorce.jpgCurrently all states recognize “no fault” divorce as this type of process permits divorce proceedings to move forward without the implications of the “blame game”, but only if both parties are in full agreement.

If you reside in Illinois and feel that the establishment of grounds under abandonment or desertion is evident under the Illinois Marriage and Dissolution of Marriage Act of Marriage Act (750 ILCS 5/), the following applicable information may prove beneficial before discussing this course of legal action with a qualified Illinois family law attorney.  

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address15 North Lincoln Street, Hinsdale, IL 60521
phone (630) 920-8855
fax (630) 920-8876
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.