Tag Archives: Hinsdale divorce attorney

IL divorce lawyerThe divorce rate in Illinois is lower than it is throughout much of the country, but that does not mean that ending a marriage in Illinois is any cheaper. In Illinois, it can cost anywhere between $35,000 and $70,000 to get a divorce, but it does not always have to cost that much. These high costs are typically reserved for litigated divorces or those that go to court where a judge can make all the decisions on the terms of the divorce. Mediation is one way to lower the cost of divorce, and it also has many other benefits, as well.

The Cost of a Mediated Divorce

Like any other type of divorce, no one can say for certain just how much a mediated divorce is, as it completely depends on the facts of the case. It is known, however, that mediation can lower the cost of divorce by as much as $10,000. The number one factor that will drive up the cost, even in a mediated divorce, is the extent to which the two spouses can agree to the terms of the divorce. When the two spouses can agree fairly quickly on those terms, the divorce will cost less for both of them.

Amicable Mediation can Lead to Better Cooperation in the Future

Many people have heard stories of bitter divorces that lasted a long time and even after the divorce was finalized, the two former spouses still could not stop fighting. There may be conflict surrounding issues such as child custody or spousal maintenance, which leads to regular fights between the former couple.

...
Continue reading

IL divorce lawyerMost of the time, when someone facing divorce works with a divorce lawyer, their attorney works in their best interests, focuses on solutions that are best for that individual, and helps their client secure the best settlement or verdict possible. Unfortunately, this does not always happen. Some attorneys do not spend the time with a client that is necessary and try to quickly close the case so they can move onto another and start a new invoice. When this happens, those clients often want to know if they can fire their divorce lawyer and hire a new one. The short answer is that yes, they can.

Reasons to Fire a Divorce Lawyer

Divorce is highly personal and so, when a person wishes to fire a divorce lawyer, the reasons are also typically highly personal. The most common reasons a person wishes to fire a divorce lawyer include:

  • Personality conflicts: Most people think this reason involves a lawyer and client that do not get along. While that is sometimes the case, it is not always. It is important to remember that while a lawyer should always give you the final say in decisions regarding your case, they also should not just give in to what you want. You hire an attorney to provide the advice you need, even if it conflicts with what you think or want.
  • Using the same method every time: There are very few divorces, if any, that are exactly alike. Quality divorce lawyers know this and so, they will suggest the best route for a specific divorce case. When a lawyer only wants to litigate or will only go through mediation, you are not working with an attorney that is focused on your case and doing what is best for you.
  • Lack of communication: One of the biggest complaints about lawyers is that they do not communicate with their clients. When this is the case, those clients are not kept up to date on the status of their case, which is a significant problem when the case greatly affects their life the way divorce does.

These are just a few of the most common reasons clients fire their divorce attorneys. Any time a person is uncomfortable with the attorney they are working with, they should speak to someone else and get a professional opinion.

...
Continue reading

IL divorce lawyerMany people draft a prenuptial agreement so that in the event that they must get a divorce, their best interests and personal property are protected. However, too often people enter into divorce only to learn that their prenuptial agreement is not enforceable. This is shocking, as the assets that people thought were going to be left out of the divorce process are now subject to property division rules. For this reason, it is advisable that everyone understands what will deem a prenuptial agreement unenforceable, so that should the time come, they can enjoy the protection that they thought they had in place.

Incorrect Financial Information

When drafting a prenuptial agreement, each partner in the relationship must fully disclose their assets, income, and debts. This is very beneficial because it can help prevent arguments in the marriage regarding property and money, which is one of the leading causes for marriages to break down and for individuals to get a divorce. However, it is also extremely important that each spouse is honest about these terms when drafting a prenuptial agreement because if they are not, the agreement could be deemed unenforceable.

One Spouse Did Not Sign the Prenup Willingly

A prenuptial agreement is a contract and as such, each partner entering into it must agree to the contract and sign it willingly. When this is not the case, the contract is considered invalid. No partner should be under the influence of alcohol or drugs when they sign the prenuptial agreement, nor can they be forced or coerced into the agreement. Each partner should read the entire prenuptial agreement and fully understand the terms outlined within it before they sign. Proving that one of the parties did not consent to the prenuptial agreement is extremely difficult, so individuals that want to make this argument should speak to a lawyer that can help.

...
Continue reading

IL divorce lawyerGoing through a divorce is a very difficult and emotional process. It is hard to say good-bye to the person you thought you would spend the rest of our life with. However, along with the many emotions you will feel during this time, you will likely also have other concerns, including the cost of divorce. It is well understood that divorce is often expensive and it is not uncommon for those going through it to wonder just how much their divorce will cost. Although no one can determine how much a specific divorce may cost, there are some common factors that will always affect the cost of a divorce.

Whether the Divorce is Contested or Uncontested

The more contentious a divorce is, the more a divorce will cost. Divorces that involve spouses that cannot agree or compromise will typically go through litigation, which is a lengthy and expensive process. Not only does the length of a divorce affect the cost, but when a divorce goes to court, there are also additional fees, such as court costs. Also, during a litigated divorce the parties involved are subject to the schedule of the court, which can make the process take much longer. A divorce in which the two parties can agree to all terms will proceed much more quickly and cost much less.

When the Divorce Involves Children

Typically, divorces that involve children are typically more costly than divorces that do not. This is for many different reasons. The first is that divorces that involve children involve many more issues, such as child custody and child support. These issues will make the divorce take longer, which will make it more costly, as well. The second reason divorces that involve children cost more is because issues related to children are the most contentious of any divorce. This often means divorces involving children are contested, which makes them cost more.

...
Continue reading

IL divorce lawyerNo one wants to think about losing a loved one but when it happens, sometimes it can also bring surviving family members a bit of financial security in the event that they receive an inheritance. During a divorce, people often fear losing that financial security because they believe their inheritance will be divided as part of divorce proceedings. So, what will happen to your inheritance during a divorce?

Property Division During Divorce

Illinois is an equitable distribution state when it comes to divorce. This means that in the event that the couple cannot come to a fair and mutual agreement on their own, a judge will divide the marital property fairly, although not necessarily 50/50. Marital property includes assets that were acquired during the marriage, while separate property includes any assets that one spouse acquired before the wedding and brought into the marriage with them.

Under Illinois law, inheritances are not considered marital property. This holds true even if the inheritance was accepted after the two spouses were already married. However, there are times when inheritances are considered marital property and so, it is important that all individuals know how to protect theirs.

...
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.

© 2020 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X