Author Archives: John Martoccio

IL divorce lawyerTiming is critical with many aspects of divorce, including when you should speak to a divorce lawyer. If you speak to a lawyer too early, you may think it could disrupt the marriage even further and leave no chance of reconciliation. On the other hand, waiting too long to speak to a lawyer could affect your rights moving forward. So, if you think divorce is imminent, how do you know when it is time to consult with an attorney? Below are a few signs that it may be time to speak to a lawyer.

When to Call a Divorce Lawyer

Like in most legal situations, it is usually best to call a divorce lawyer early in the process. The sooner you speak with a lawyer, the more options you may have and your lawyer will have a better understanding of the case when they work on it from the very beginning. Still, even though early is always best, there are two instances in which you must call a lawyer as soon as possible. Those are if you are considering filing for divorce, or if your spouse has already filed.

When you are considering filing for divorce, it is important to speak to a lawyer as soon as possible. A lawyer can outline your options and help you make the right decisions for you and your family from the very start of the process. A lawyer can also advise on the steps you need to take before even broaching the subject of divorce with your spouse. For example, a lawyer may advise you to make copies of financial statements and insurance policies. At this time, an attorney may also advise you to start thinking about your options for child custody and support.

...
Continue reading

IL divorce lawyerMany people know the common issues they will face in divorce. Their property may be divided and if the two spouses involved have children together, child custody and child support hearings will also certainly be a part of the divorce process. However, spouses often think there is no chance of reconciliation in the marriage, which is why they have started the divorce process. What happens then, when reconciliation becomes a real possibility?

No-Fault Divorce Laws in Illinois

Since 2016, Illinois has operated on a pure no-fault basis for divorce. This means the spouse filing for divorce does not have to allege or prove their partner was at fault for the breakdown of the marital relationship. They simply only have to state that the marriage has suffered an irretrievable breakdown and there is no chance of reconciliation. The no-fault laws in Illinois can help streamline the process and allow a person to get a divorce even if their spouse does not agree to it.

While Illinois does operate under a no-fault system for divorce, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does outline certain requirements. One of these requires the spouses to live separately and apart for at least six months to show there is no chance of reconciliation, although spouses can agree to waive this requirement. The IMDMA also requires the court to determine if reconciliation is a possibility. If it is, the couple may have to attend a conciliation conference before their divorce is finalized.

...
Continue reading

IL DIVORCE LAWYERDivorce is a complex process and it is not uncommon for the people going through it to have a lot of questions. It is essential to get an answer to these so that you fully understand the divorce process and ensure your rights are protected. Below are some of the most frequently asked questions about divorce and family law in Illinois.

How Long is the Separation Period in Illinois?

Illinois does not have a mandatory separation period. If you or your spouse does not agree to the divorce, you may have to live separately and apart from them for six months. After that time, the court will assume that there are irreconcilable differences. You do not have to physically separate from your spouse, but you must live independently of them. If you and your spouse do agree to the divorce, you can divorce immediately.

Can We Settle the Divorce Out of Court?

Many divorce cases do settle before they go to trial. If you and your spouse can agree to all terms, you do not have to proceed to trial. However, you will still have to appear in court at least once so a judge can approve the final terms of the divorce. While you and your spouse both have a right to be at the final divorce hearing, but only one of you is required to appear.

...
Continue reading

IL divorce lawyerPeople often think that only celebrities and the very wealthy go through high net worth divorces. While it is true that these are the stories picked up by the news outlets, high net worth divorces are much more common than people think. Owning multiple real estate properties, complex retirement savings, and more common factors can result in a divorce being classified as one that involves a high net worth.

High asset divorces are much more complex than other divorce cases, and mistakes are sometimes easily made. If you are going through a high net worth divorce, avoid making the most common mistakes and protect your rights.

Not Working with Professionals

Going through a divorce without professional help is not generally recommended. When a divorce involves a high net worth, however, you must work with professionals. You should work with a financial adviser that can help you sort through complex issues such as pensions or business valuations. You should also work with a lawyer that can explain Illinois’ property division laws and more.

...
Continue reading

IL divorce lawyerDivorce is a complex, confusing, and exhausting process. If you are getting a divorce, you know how much there is at stake. You likely not only want to settle the case quickly, but also do not want to leave any money on the table once it is finalized. A divorce lawyer will help you navigate the problems the process may present, and help you secure the fairest settlement possible. Below are a few of the ways in which a family lawyer can help with your divorce case.

Property Division Issues

Dividing property is complicated in any divorce case. A lawyer can advise on the equitable distribution laws in the state, and what assets of yours are considered marital or separate property. A lawyer will also discover any debt incurred by your spouse, and help you determine whether or not you are liable for it. If you have been married for a long time, a lawyer can also help determine if you are entitled to a portion of your spouse’s social security benefits or other retirement accounts.

Spousal Support

Many people have the right to ask for spousal support when they are going through a divorce but they do not even know it. A divorce lawyer will review the circumstances in any specific case and determine whether spousal support is appropriate. A lawyer can also help you calculate how much spousal support to ask for, if it is right for your case.

...
Continue reading

Recent Blog Posts

Categories

Archives

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, 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.

© 2021 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X