Category Archives: Family Law

dupage county paternity lawyerThe relationship between a father and their child is very important. Establishing paternity is significant because it protects a father’s right to be a part of his child’s life. It also ensures that the mother can pursue the financial support that she may need through child support. At Law Office of Martoccio & Martoccio, we understand that it can be a highly sensitive situation and offer our clients compassionate representation.

Acknowledging Paternity

Paternity is the legal recognition of a fathers relationship to a child. When couples are married, paternity is clear and there is no need for legal action. When a child is born at a hospital, married parents provide details for the birth certificate and no further action is needed. However, unmarried parents will need to follow certain steps to establish paternity. If both parents agree to the paternity of the child, they can sign a voluntary acknowledgment of paternity (VAP) form. 

If parents disagree on paternity or there is uncertainty about who the child’s biological father is, paternity may be established through an administrative process or judicial process. This process can be initiated by the mother or the father. 

Continue reading

b2ap3_thumbnail_shutterstock_1313611268-4-min.jpgAn increasing number of men and women in long-term marriages are calling it quits. More than one in four people getting divorced in the country is over 50 years old, and more than half of those couples have been married for 20 years or more. Unfortunately, the financial impact is often the hardest on women who, on average, see their standard of living decline by 45 percent after a divorce. If you need help understanding spousal maintenance and how it can help you continue enjoying your current lifestyle, at Law Office of Martoccio & Martoccio we are happy to assist.

Striving for an Equitable Divorce

First of all, there is a myth that spousal support is paid by an ex-husband to his ex-wife, perhaps as punishment for infidelity. However, spousal support is awarded based on a couple's financial circumstances and needs. This is particularly significant for women seeking a mid-life divorce. Studies show that women are more likely to live below the federal poverty line compared to men. 

Women, particularly mothers, settle for lower-paying jobs because they may be more flexible, allowing them to care for their children or aging parents.

Continue reading

dupage county divorce lawyerYou may have heard the phrase, “What is yours is mine, and what is mine is yours.” Such words are often uttered between couples during the honeymoon phase. But if you are getting a divorce, those sentiments can quickly go out the window. This is especially true if one spouse is trying to hide assets during the divorce proceedings. The process of identifying and dividing marital property is significantly complicated, especially in high-asset divorces, but it is important to set emotions aside to protect your rights and finances.

Shielding Assets From Division 

The totality of the assets represents the fruits of your hard work, and you are entitled to what is rightfully yours. It is unfortunate, but sometimes spouses will fight to keep all the marital property to themselves. These are some ways your soon-to-be-ex may try to conceal assets during the divorce proceedings:

  • During tax season, rolling over a potentially large tax refund to the next year to avoid sharing it with their spouse

Continue reading

dupage county divorce lawyerIn 2019, one million American women got a divorce and research shows that many of these women were the ones who initiated the divorce. If you are considering taking the step to end your marriage, you should know that you are likely to experience a major transition financially and personally. Working with a skilled divorce lawyer can help you navigate the legal and financial challenges associated with divorce and move on to a postive post-divorce future. 

Why is Divorce Initiated by Women?

One study found that when a divorce is initiated by a woman, it is related to clashes between men and women that boil down to things such as caregiving and interdependence. Utilizing the theory of evolution, researchers found that mismatches between the sexes tend to increase the likelihood of divorce. Researchers offered the following suggestions to avoid issues that heighten a woman’s desire to seek a divorce:

  • Challenging gendered norms, especially perceptions of men as the breadwinners and women as the caregivers. The goal would be for both men and women to be comfortable with activities that are not gender typical.

Continue reading

dupage county divorce lawyerIn Illinois, one in three women experiences domestic violence, which includes everything from physical injury to emotional abuse. If you are in an abusive relationship and want to end it permanently, you may be exploring your options for divorce. If you are in an abusive relationship and want to end it permanently, you may be exploring your options for divorce. Ending your marriage is often the best way to escape an abusive relationship, but the process is not easy. It can be intimidating to navigate a divorce when your safety is at stake. Fortunately, there are resources available that can help you take control of your situation and protect yourself and your children.

Orders of Protection 

If an abusive partner threatens your physical or emotional safety, it is important to take action. Illinois law defines abuse as not only physical violence such as hitting but also harssment, intimidation of a dependant, willful deprivation, and interference with personal liberty. If you or your children are in imminent danger, you can ask the court for an Order of Protection. Emergency Orders of Protection can usually be obtained immediately in Illinois. 

Three Elements for a No-Fault Divorce

Illinois is a no-fault divorce state which means that spouses are not required to assign blame for the marital breakdown. Since 2016, irreconcilable differences are the only grounds for divorce allowed in the state. Under the law, such things as physical or mental cruelty, adultery, and drunkenness can no longer be cited as the reasons for the divorce. For a no-fault divorce you must prove the following three elements:

Continue reading

Recent Blog Posts



Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
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.

© 2023 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience