Tag Archives: Illinois divorce attorney

illinois divorce attorney adviceFinal Reason 10: Your oral agreement with your spouse is not worth the paper it is printed on.

Frequently you may trust your spouse, but not when there is money on the table or a divorce is in the air. Agreements made by a spouse verbally may not be adhered to when divorce takes place.

Statements made by your spouse to pay your support, expenses or "take care of you" after the divorce out of reassurance, guilt or anger which you would like to bring up in court most likely will not be a binding contract that a divorce judge will enforce. On the other hand,  you and your spouse can make valid written agreements that will be upheld by the divorce court.

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illinois divorce counselorReason 8: Think economics not emotions. Good divorce lawyers are good counselors.

Feel guilty and want to give your soon-to-be ex-wife everything? Feel angry and want to take the whole marital estate from your ex-husband? A good divorce lawyer can help you keep the emotion out of your decisions regarding fundamental issues which will affect your future following a divorce.

Don't let the emotional roller coaster you are on dictate the terms of your settlement. Six months after divorce you may be looking back saying why didn't I get a what I needed or why did I really agree to give all that up?  The answer could be because your decisions were based on emotion not economics.

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illinois family law attorneyReason 7: Free advice isn't free and may be useless (or worse).

Sometimes your best friend, or parent will give you completely wrong advice because they are emotionally involved or simply too blind to see the truth because they want the best for you but are not educated in the ways of Illinois divorce law.

Or, it's on the Internet so it must be true. How often have we heard that? There are many articles, blogs and statements made on the Internet regarding Illinois divorce that are simply untrue, misleading, or the author lacks the experience to portray the total picture.

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illinois spousal maintenance lawyer"I will soon be in Illinois divorce court and be ordered to pay maintenance (alimony) to my wife both during the divorce and quite possibly after the divorce. I would like to avoid the embarrassment of having everyone in my company know that there is a withholding order in place requiring my employer to withhold money from my salary to pay my wife maintenance (alimony). It makes me look like a deadbeat when I have never missed a payment to her. Instead, I would like to make the payments directly to my wife. Is this possible?" Under the Illinois Income Withholding for Support Act [750 ILCS 28/20 (a)(1)], you can make the direct payments but only if you and your ex wife (or soon to be ex wife) agree in writing to direct maintenance payments to her. You both must sign the written agreement as well. The Illinois Income Withholding for Support Act applies to alimony or maintenance payments whether temporary maintenance or permanent maintenance. Even then, the order requiring you to pay maintenance must provide that an income withholding notice is to be prepared and served upon your employer if you become delinquent in paying maintenance. (c) "Delinquency" means any payment, including a payment of interest, under an order for support (maintenance) which becomes due and remains unpaid after entry of the order for support. 750 ILCS 28/15(c). In other words, if you make an agreement to pay directly in writing and both of you sign it, if you miss a maintenance payment or make a late payment, the written agreement is off and your employer will withhold maintenance from your pay for all future maintenance payments. Contact an Illinois maintenance attorney at the law office of Martoccio & Martoccio. Call 630-920-8855 for a free initial consultation.

illinois divorce attorneyReason two: Divorce law in Illinois has time limits. Some of the time limits are absolute and some are flexible.

For example, time limits that are absolute. To appeal to the Illinois Appellate Court what you believe is a wrongful final Illinois divorce (Judgment of Dissolution of Marriage), you must file a Notice of Appeal within 30 days.

Another example is that if your husband or wife works for an Illinois city or village, county or the State of Illinois itself . Your spouse's pension must be divided by a special court order called a qualified Illinois domestic relations order or "QILDRO" and that spouse must sign a consent in order to divide the pension.

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