Tag Archives: Hinsdale family lawyer

Illinois divorce lawyerA prenuptial agreement is a legal contract made by a couple before they get married that outlines how assets will be split in the event that their marriage ends, Often times, couples are hesitant to get a prenuptial agreement because of the negative connotations attached to it. They believe that if they get a prenuptial agreement, they are expecting their marriage to fail.

However, this is far from the truth as the purpose of a prenuptial agreement is to provide spouses with a financial safety net if their marriage does not work out. Although a prenuptial agreement may never be used, it’s a smart decision for couples to get one prior to getting married. Here are five reasons you should get a prenuptial agreement with your soon-to-be husband or wife:

1. You Are Wealthier Than Your Spouse

Continue reading

illinois legally married ageThe legal age to get married in Illinois is 18. Applicants who are 16 or 17 years old may apply for a marriage license with consent from parents or guardians, but the court can waive the parental consent requirements in special cases.

A 16 or 17 year old applicant can be married in Illinois if any of these four conditions are met:

1. The applicant has the consent of both parents, or 2. The applicant has the consent of one parent and the other parent cannot be located to obtain such consent, and diligent efforts have been made to locate that parent by the consenting parent who signs an affidavit that (i) names the absent parent and states that he or she cannot be located, and (ii) states what diligent efforts have been made to locate the absent parent, or 3. The applicant's legal guardian (other than a parent) consents to the marriage, or 4. A judge enters a court order in a judicial proceeding which approves the marriage.

Continue reading

Illinois Divorce LawyerYou may wake to a nasty surprise during divorce that your spouse has obtained a credit card in your name alone totally without your knowledge and has made large charges to it.

Your spouse may obtain a credit card in your name by asking the card company to send a card to your home address in your name. Also companies still sometimes send unsolicited offers of credit to consumers homes through the mail ( or by email) even though this may be a violation of the Federal Truth in Lending Act or Illinois law.

If your spouse uses the card issued in your name, during a divorce it can be difficult to prove that those charges were made without your consent. Particularly purchases for Household items or normal living expenses, even cash withdrawals made by your spouse may allow that spouse to argue that the credit card charges were made with your permission.

Continue reading

illinois divorce attorneyBeware of "gloans" in a divorce.  A gloan is a gift that becomes a loan just because you are divorcing.

A gift to your spouse from parents or really any person which becomes suddenly a marital loan owed to that person during or even prior to a divorce is a "gloan " -- a gift that becomes a loan because of a divorce. Gloans are a form of Hidden loans.

For example, your spouse may produce a neatly signed IOU or promissory note saying that the gift from his parents used as a down payment for your marital residence is now, like magic, presto: "a bonafide loan." A loan that you thought was a gift to you becomes a binding debt that you and your spouse owe to his parents.

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.

© 2018 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience