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Category Archives: Family Law

Geneva Pandemic Divorce LawyerGood news: Yes, indeed you can get a divorce in DuPage County Illinois right now. The DuPage divorce courts are open for business. In fact, now might be a good time to get a divorce since there are fewer divorce cases being filed.

I’ve heard the DuPage divorce Court is Closed Due to the pandemic. What can I do to get a divorce now in DuPage County?

Here’s what’s going on: in DuPage County, the same number of Divorce Judges are now available to resolve Divorce cases as there were before the pandemic but fewer cases are being filed.

Recently, the biggest change in the divorce cases in DuPage County is that DuPage divorce Judges will conduct them remotely using “Zoom.”  Person to person, face-to-face trials are fast becoming obsolete, a thing of the past.

Although each judge may make the decision that a case should be conducted in person and safety policies have been put into place. In practice, so far, there have been very few face-to-face trials for a good reason, not just a pandemic, it is simply easier on the Judge as well as the divorcing couple.

Our law firm has been practicing divorce law for more than 30 years. Over that time we have seen a complete rewriting of the Illinois divorce laws, including doing away with grounds for divorce which used to be an excuse to have a separate trial just to see if the divorce was going to be granted and then the court would proceed to divide assets and assign debt. Likewise, guidelines now exist for child support, maintenance [alimony] as well as written laws as to how assets are to be divided and debts to be assigned. All of these things have been calculated to make the divorce process as streamlined and rapid as possible so it comes as no surprise that the courts will make use of Zoom and not to require in person trials.

Getting a divorce is stressful for anybody, and seems even more overwhelming during these uncertain times. But don’t let everything that is currently taking place in the world, discourage you from moving forward. The attorneys and staff at Martoccio & Martoccio will ensure your divorce is given the attention it deserves and someone that you can rely on. To schedule a free consultation with one of our knowledgeable attorneys, call our office today at 630-920-8855.

IL divorce lawyerAll parents want to spend as much time as they can with their child, and that feeling continues even after divorce. In an effort to gain the most time possible though, parents often make mistakes that can actually hurt their child custody case and result in less time with their children. Below are some of the biggest mistakes made in these cases, as well as some tips on how to help you secure the most favorable outcome possible.

Parenting Less While Working More

Divorce is costly, and you may have many more expenses now or in the immediate future that you did not just a few months ago. Due to this, you may be tempted to put in more hours at work, but that is a mistake. The court wants to see that you are making an effort to be a large part of your child’s life and if you are working 60 hours a week, it could indicate that work is a bigger priority for you. This is not to say that you cannot work or even be extremely dedicated to your job. It only means that you should make a conscious effort to make plenty of time for your child, too.

Doing Only Fun Stuff

Parenting involves a lot of fun times and a lot of hard times, and it is important that you are there for all of them. If you are only interested in seeing your child when it is time to go to a baseball game or head out for ice cream, and you do not want to care for them when they are sick or get up in the middle of the night, it can hurt your child custody case. The court also wants to know that you are going to make any time with your child a priority, not just the fun times.

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IL divorce lawyerPeople going through a divorce have to think about the many different terms they will have to sort through, whether it is during mediation meetings or through litigation. One of the most common terms that comes up during a divorce case is spousal maintenance. Spousal maintenance is shrouded in many myths and misconceptions, so if you are going through a divorce, it is important to understand the truth behind this common term. To help with this, below are some of the most common questions about spousal maintenance, and the answers to them.

Are Spousal Maintenance and Alimony the Same Thing?

Yes. Although the Illinois Marriage and Dissolution of Marriage Act uses the term ‘spousal maintenance’ when talking about payments one spouse will make to the other after divorce, it has the same purpose as alimony.

Does the Lower-Earning Spouse Always Receive Spousal Maintenance?

No. Getting a divorce does not automatically give the lower-earning spouse the right to spousal maintenance. Spousal maintenance is awarded when a judge deems that it is appropriate for a specific situation and orders one spouse to make payments to the other following the divorce. A judge will consider 13 specific factors when determining whether to award spousal maintenance. These include the age, health, needs, vocational skills, and income, as well as the length of the marriage, and the parent that has custody of the children.

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IL divorce lawyerThe word divorce is often associated with short marriages that were the result of a spontaneous weekend but truthfully, a marriage of any length can end in divorce. When a couple gets divorced after a long marriage, they will likely face issues that may not be present when a couple divorces after only being married for a short time. Below are the three most common issues that come up in divorce cases when a couple has been married for a long time.

Complex Property Division Issues

Property division is a complex issue in any divorce, but the matter becomes particularly complicated when the couple has been married for a long time. Property division relies on dividing marital property between separate property, and this is difficult after a long marriage. Over time, a couple’s separate property is likely to become commingled in joint bank accounts, meaning it may be subject to property division rules, even though it is separate property.

Other property division matters also become more complicated when a couple has been married for a long time. For example, both spouses may have accumulated savings in retirement accounts, and these must also be divided. If the spouses have an estate plan, it is also important to change these, as it is likely that the spouses named each other as beneficiaries.

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IL divorce lawyerOn March 20, 2020, Governor J.B. Pritzker issued a statewide shelter-in-place order. The order was intended to slow the spread of COVID-19 and keep people safe in their own homes. Although the order may have saved lives and helped Illinois flatten the curve, for others, the news was not good. These are the individuals that are victims of domestic violence. For many of these victims, the only relief they had from the threat of abuse prior to the pandemic was when they went to work, or when their abuser did. It was not long before Chicago, and many other areas, saw an increase in domestic violence. Below are a few of the factors that place victims at greater risk during the pandemic.

The Feeling of Isolation

Abusers typically want to isolate their victim from their workplace, friends, and family members. Through this isolation, the abuser can use gaslighting techniques on their victims and are more easily able to control them. With social isolation mandated by the government, it became easier to isolate victims of domestic violence, which can trigger future incidents.

Stress

The novel coronavirus brought an unknown threat to Illinois and the rest of the United States. The unknown is extremely stressful, particularly when people are unsure of how the virus spreads, how to contain it, and how to protect loved ones. When abusers become stressed, they commonly take it out on their victims, particularly when each person is forced to remain in the same household.

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address15 North Lincoln Street, Hinsdale, IL 60521
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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, 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.

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