Tag Archives: DuPage County divorce attorney

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 lawyerMore and more people write prenuptial agreements every year, realizing that these documents will protect them in the event that the marriage ends. However, there is a lot that goes into a premarital agreement and if you make a mistake, it may not offer the protection you were counting on. Below are the most common mistakes people make when drafting a prenup, and how to avoid them.

Failing to Broach the Subject

You may feel as though talking about a prenuptial agreement is not romantic, but the truth is that a conversation can make both you and your partner feel more secure in the marriage. People fail to talk about their financial situation prior to their wedding far too often. When creating a prenuptial agreement, you must be fully open and honest with each other, which can eliminate arguments about finances that lead to divorce in the future.

Bringing up the subject of a prenuptial agreement does not have to be uncomfortable. Have the discussion as early as possible and emphasize that the agreement will protect both of you in the future, and prevent a lot of headaches, if necessary.

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Il divorce lawyerMarriage is not for everyone. While some people need to stand up in front of family and friends during a ceremony, others like to simply live together as husband and wife, without any documentation to back that up. This latter situation is known as a common-law marriage and although it may work for some people, it is important for anyone that enters into one to understand how to protect their rights.

What Constitutes a Common Law Marriage

Of course, not everyone that lives together is considered to be in a common-law marriage. In most circumstances, people wishing to enter into this type of relationship must:

  • Live together for a certain amount of time
  • Have the legal right to marry
  • Intend to marry at some point
  • Recognize the other person as their husband or wife

Not all states recognize common law marriage and so, the above requirements only apply to those that do.

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IL divorce lawyerIt is natural to think that when getting a divorce, you should be able to point out any fault your spouse may have had in the breakdown of the marriage. This is particularly true if your spouse engaged in hurtful behavior, such as having an affair or domestic abuse. Many spouses are surprised to learn that Illinois is a no-fault divorce state, which means there are no grounds for divorce. However, that does not mean that if you or your spouse is at fault for the divorce, it will not have an effect on the proceedings.

Irreconcilable Differences and No-Fault Divorces

In Illinois, a person only has to state that they and their spouse have irreconcilable differences to get a divorce. This means that there has been a breakdown of the relationship so severe that there is no chance of reconciliation. One person does not have to prove fault and the two spouses do not have to agree on the divorce. If one person files, the divorce will proceed.

How No-Fault Divorces Benefit Spouses

People sometimes find it frustrating that they cannot file for divorce based on their spouse’s bad behavior. After all, if a spouse cheated, the other spouse should be able to use this against them in court. However, there is very sound reasoning for Illinois moving to no-fault divorces.

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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.

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