Tag Archives: Hinsdale divorce lawyer

IL divorce attorneyWhen two parents get divorced it typically means that the children of that marriage will spend much less time with one of their parents. Historically speaking, the parent to lose the most time with their children has been the father. Although today, Illinois courts are not supposed to take gender into consideration when allocating parenting time, the sad fact is that many still do. The data is there to support the notion that mothers are usually awarded the most time with their children. However, a new bill has been introduced into the Illinois House of Representatives, and it may mean equal time for both parents in future divorce cases.

Minimum Parenting Time in Illinois

Most people agree that when both parents are fit to raise their child, it is in that child’s best interests to spend equal time with both parents. Unfortunately, that rarely happens in Illinois and legal authorities in the state have continued to support favoring one parent over the other.

The Illinois Family Law Study Committee has found that it is in the best interests of the child to spend at least 35 percent of weekly time with each parent when both parents have been deemed good and fit. Although the Illinois State Bar Association also publicly supports equal parenting time, they have opposed the notion of each parenting getting that amount of time. In fact, the Association does not have a minimum amount of time at all for parents that are considered fit to spend time with their children.

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IL divorce lawyerWhen going through a divorce, you hope that your spouse will be honest when presenting certain facts of their case. Unfortunately, that is not always the case. Sometimes, spouses lie about their assets and when they do, it can present many challenges and result in an unfair settlement, or worse. There are many different reasons a spouse may lie about their assets but they can all hurt you in the end. For this reason, it is crucial that you understand how to identify signs of fraud, and how to protect yourself from it.

The Different Types of Fraud in Divorce

There are many different reasons a spouse may wish to lie about their assets during divorce, and a variety of ways in which they may attempt to do it. A spouse may ask a friend or family member to temporarily take possessions such as cash or stock options to prevent these assets from being divided in property division hearings.

Or, a spouse may try to hide income so they do not have to pay as much in spousal maintenance or child support payments. When they do this, they will often misreport their income on tax returns. Although this could result in criminal charges for them, it could also mean financial consequences for you. If you had filed a joint tax return with your spouse, you could face the same consequences yourself, which is extremely serious.

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IL divorce lawyerWhen two people decide to make a split in their relationship, one of the first and most difficult decisions is often where the couple will live. If they are not married but only living together, the choice is often much simpler, as the person whose name is on the lease or mortgage will inevitably retain use of the property. If a true joint lease or mortgage, then it can indeed be every bit as complicated. But for a married couple - especially with children - the challenge is deciding who will stay in the marital home. In most cases, men tend to be the ones to depart quickly upon conflict. But this may not always be a good decision. So, before you move out of the marital home, here are some considerations you might want to discuss with a DuPage County divorce lawyer.

He Who Stays and He Who Pays

Effective January of 2019, Illinois’ child support statute has dramatically changed. Unlike before, the law no longer creates a strict guideline based on just the number of children a couple has. Instead, the new law takes into considerations such as:

  • How many children the couple has
  • Whether there are children from other relationships
  • Who is paying health and dental insurance
  • Who is paying daycare and other childcare expenses
  • Relative income of both parties
  • The relative amount of parenting time each parent has

This is a significant departure from the past, and it can be a good thing for parents who have fairly equal parenting time with a spouse who earns far less. By having more equal parenting time and covering extra expenses for the kids, it reduces the amount of direct support that must be paid, if any. However, it is important to keep in mind that the marital home has a somewhat intangible effect on parenting roles. Here is why.

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IL divorce lawyerMany couples end up dissolving their marriages on relatively good terms. In these cases, the divorce is often uncontested. An amicable divorce is one in which both spouses agree to the terms without contesting such matters as division of marital property, child support, child custody, visitation, and spousal support. There are many positives to an amicable divorce, including significant time savings. Amicable divorces are generally much less stressful than contested divorces. And, amicable divorces are usually much less expensive. After all, 40 percent of Americans do not have enough money in reserve to cover an unexpected $400 bill, and the average cost of divorce, per person, is $15,000. However appealing an amicable divorce sounds, it may not be a good idea to sign divorce papers without first talking to an attorney.

Why an Attorney Is Still Necessary

Shockingly, 40 percent of couples take a very large risk by not using a divorce attorney when they get divorced. Amicable divorces do not require an attorney to argue your case in front of a judge, but there may be reasons to work with an attorney regardless. It is true that you and your spouse can write up an agreement and submit it to the court for the court’s approval and a final divorce decree. Yet, some spouses end up regretting their decision to trust their partner with such openness. After all, the other spouse may have kept some aspects of their lives hidden from you. For example:

  • They may have hidden assets that you do not know about;
  • Some of the assets that ended up getting divided may not actually be marital property, such as inheritance or personal injury settlement money;
  • Their future living situation, work schedule, and lifestyle may not be as ideal as they lead you to think regarding parenting time;
  • The alimony decision that the two of you came up with may not be fair to one of the parties;
  • The child support that the paying parent provides may not be adequate for the new living expenses that the custodial parent is now faced with; and
  • Much more.

A Hinsdale Divorce Attorney Can Answer the Important Questions

Divorce should never be rushed because that is when mistakes are made that can haunt you for years to come. Let the experienced DuPage County divorce attorneys at the Law Offices of Martoccio & Martoccio thoroughly review your case before you take any further actions that could inadvertently harm your child or yourself. Call 630-920-8855 to schedule a free consultation today.

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IL divorce lawyerWith summer right around the corner and school just weeks away from being over, your parenting plan needs to be discussed with your child’s other parent. Summer parenting time is different than during the school year for the obvious reason that your child now has a lot more free time. First of all, the parenting plan needs to define when the summer schedule will start and end. Do not assume that it starts on the last day of school and ends on the first day of school in the fall.

Vacation Time

Seventy-two percent of American families take summer vacations. As such, a parenting plan should clearly lay out the dates of planned vacations, which need to be discussed and agreed upon by both parents beforehand. To keep things fair, and to ensure that one parent does not monopolize on time with their child by taking an extra long vacation, trip times should remain equal or as close to equal as feasible. Or, the non-traveling parent should be awarded make-up days at the end of the vacation if they do not plan to take one themselves.

Traveling Out of State and Out of the Country

Unless the parenting plan specifically states that children cannot be taken out of the country or state, you do not need to worry about where your vacation is limited to. However, it is particularly important for long trips or overseas trips with various destinations for the traveling parent to give dates, locations, hotel phone numbers, and other information to the other parent. Furthermore, if you believe there is a risk that the other parent will simply vanish out of the country with your child, you need to contact an attorney to rewrite the parenting plan to ban overseas travel.

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address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
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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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