Category Archives: Family Law

DuPage County Child Custody LawyerDivorcing parents in Illinois use a parenting plan or parenting agreement to lay out the terms of their custody agreement. The parenting plan describes the parenting time schedule, or when each parent will be responsible for the child, as well as how major decisions will be made about the child. If circumstances have changed since you created your parenting plan, you may be interested in changing the plan. Read on to learn the circumstances under which a parenting plan may be modified in Illinois.

Modifying Parenting Time

Parenting time or visitation is easier to modify than the allocation of parental responsibilities (decision-making authority). If you want to change the parenting time schedule, you can do so if the change to the parenting time schedule is in the child's best interests and one of the following is true:

  • The parents agree on the modification.


Hinsdale Divorce LawyerThere is no doubt about the legitimacy of the domestic violence problem throughout Illinois. However, not every accusation of domestic violence is genuine. Some divorcing spouses make allegations of abuse against the other spouse simply to gain an advantage in the divorce proceedings.

False accusations of domestic violence have serious consequences, both legally and emotionally. When an accusation is made, the accused may find themselves facing criminal charges, even though they are completely innocent. This can lead to lasting emotional trauma for everyone involved in the case as well as strain on their relationships with family, friends, and coworkers.

If you are going through a separation or divorce and your spouse has accused you of domestic violence, abuse, stalking, harassment, or intimidation, this is a sign that you need a strong legal advocate on your side. Reach out to a divorce lawyer with experience defending against domestic violence allegations.


DuPage County Divorce LawyerFor high-income individuals, confidentiality is often an especially pressing concern during divorce. When spouses are well-known in their communities, protecting sensitive information is crucial. Whether you or your spouse are business moguls, entertainers, artists, or are otherwise well-known in your community, protecting your confidentiality may be one of your top priorities during divorce.

Confidentiality agreements or non-disclosure agreements can be useful tools for protecting proprietary or sensitive information during divorce. Read on to learn more.

Protecting Confidential Information During a High-Profile Divorce

Divorce inevitably requires spouses to exchange sensitive information, including details about assets and income, child-related concerns, debts, and much more. Understandably, many spouses worry about this information being leaked to the public or used against them. In the world of social media, information is shared across the globe in the blink of an eye. A confidentiality agreement can be used to protect company financials, personal financial information, personal medical information, child-related information, or any other facts you do not want to fall into the wrong hands.


dupage county divorce lawyerInterracial marriages are on the rise in the United States. Often, a romance may blossom while studying abroad and lead to marriage. Unfortunately, with time, cross-cultural differences may begin to weigh heavily on the relationship and lead to divorce. Studies show that divorce rates are 41 percent for interracial couples compared with 31 percent among spouses of the same race. At Law Office of Martoccio & Martoccio, we understand the importance of taking your differences into account during a cross-cultural divorce.

Inability to Bridge the Cultural Gap Can Lead to Divorce 

Many couples from diverse backgrounds fall in love, but they are not able to ignore the cultural differences between their families. Their marriage suffers and they may decide to call it quits. They come to the realization that continuing to stay married is not in the best interest of either spouse or their children. Divorce is often a difficult and emotional decision. But if you come from a highly traditional culture, it can be even harder because your loved ones may view divorce as taboo. Divorcing spouses in this predicament should work with an attorney who understands what they are going through. 

Family traditions have an impact on how we all view the world. For instance, different cultures have different ways of raising children and caring for the elderly. Those differences can certainly affect what people believe to be important when it comes to making final decisions. During a divorce, it is important to take these factors into account. You need an attorney who is committed to representing your interests at every turn.


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. 


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