Tag Archives: Illinois family law attorney

b2ap3_thumbnail_division-of-marital-property-Illinois.jpgMy fiancé and I are looking to buy a house and live in it after we are married. My credit is bad so my fiancé wants to buy the house in his own name. If we get divorced, will this house be our marital asset or does he get to keep it as his separate or non-marital property?

Under existing Illinois divorce law, a house purchased before a couple marries but in “contemplation of marriage” may, in many cases, become a marital asset belonging to both parties. As a marital asset, a subsequent divorce would require the home to be considered for division between the parties.

If you and your husband bought a house prior to your marriage, with the intention that you live in it together, then you have likely purchased a house in "contemplation of marriage." Even though the house is deeded in your husband’s name only, it may very well still be a "marital residence" that must be divided in your divorce case.

Continue reading

b2ap3_thumbnail_divorce-signs.jpgRecently, The Huffington Post consulted with Rosalind Sedacca, founder of the Child-Centered Divorce Network for parents and a certified divorce and relationship coach, to discuss the relationship complexities of marriage and what may be the tell-tale signs it may be time to dissolve the union.In response, Sedacca voiced that only when a marriage begins to unravel is when couples reflect on their marital mistakes. Sedacca further stresses that if a relationship has lost its loving feeling or operates without mutual love or respect, it may be time to either consult with a marriage counselor or a qualified divorce attorney. The following are her six tell-tale signs a marriage may have become irrevocably broken.

1. Lack of Mutual Respect

When spouses, either alone or together cease to respect one another, the marital foundation has lost its stability. Sedacca believes this to be the primary cause of most divorces.

Continue reading

An Update to the August 20th, 2013 Blog Post

What is the best income tax shelter that the average person can have? The answer: homeownership. Doesn't this sound incredible? But if your home has gone up in value, the first $500,000 in profit, per married couple, is income tax free. If you are single, the first $250,000 is income tax free.

Since the purchase price or improvements made are not part of the profit, most people will not pay any income tax on the sale of their home. The good news is that you can take advantage of this tax free perk every two years. Check with your tax professional to see how this can work for you.

Continue reading

online divorce, stalking spouse, Hinsdale divorce lawyer1. CHANGE YOUR PASSWORDS.

If you are divorcing, you may be sharing a password with your spouse as many married couples do, or your spouse may know your passwords. Don't think for a moment that because you think you have nothing to hide that your spouse may not read all your email or potentially do malicious things to your accounts. Remember: what you say in emails or text messages or social media such as Facebook or twitter or other forms of media may well be admissible in evidence against you in your divorce case.

Likewise, the websites that you visit or the material that you're looking at may become useful for your spouse. Like a trail of breadcrumbs your media trail may lead your spouse to things that can be brought up in Court such as your spending patterns or who you associate with or whether you were involved with someone else (even if you claim you were only friends.)

Continue reading

Hinsdale family law attorneys, prenuptial agreement, your prenuptial agreement, postnuptial agreement, Illinois family law attorney, invalid prenupPrenuptial agreements are becoming more commonplace for couples today. Prenuptial agreements serve the purpose of establishing specific rules in the event the marriage does not work out. Traditionally, these agreements were exclusively utilized by more wealthy couples, but that is no longer the case, as prenuptial agreements are now often used by couples when either spouse had children prior to marriage and/or in a previous marriage, and when either spouse already owned real estate, stocks, retirement accounts, or other assets prior to the marriage.

Accordingly, these agreements may address how marital property is distributed, and can determine specifics regarding financial provisions such as which spouse shall take on certain debts incurred prior to and/or during the marriage, amounts that shall be provided in spousal support, and terms for child support and custody.

Can You Challenge Your Prenuptial Agreement?

Continue reading

Recent Blog Posts



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.

© 2021 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience