Publications

Illinois Bar Journal
Articles on Domestic Relations

Actions for intentional infliction of emotional distress based upon conduct occurring in the martial setting will be recognized December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court affirmed the judgment of the fifth district appellate court, which held that the plaintiff could maintain a cause of action for intentional infliction of emotional distress caused by her ex-husband's pattern of abusive treatment during their marriage.
Correspondence from Our Readers October 2003 Column, Page 482 A brand-new dissipation ruling
Marital settlement agreement awarding a percentage of a military pension does not entitle a spouse to receive a portion of disability benefits received in lieu of retirement pay; the additional amount owed per the agreement must be paid from alternate funds October 2003 Illinois Law Update, Page 492 On July 11, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed in part orders of the Circuit Court of Du Page County awarding the former wife to a portion of her former husband's military pension and disability benefits.
The "Prodigious Spouse": Equitable Distribution and Wealthy Wage Earner By Debra DiMaggio September 2003 Article, Page 460 Should the wealthy wage-earning spouse be awarded a disproportionate share of marital assets generated through his or her efforts?
Apportioning Stock Options at Divorce: A Detailed Guide By Michael W. Kalcheim September 2003 Article, Page 454 Companies still use stock options; here's how to apportion them.
Dissipation of Marital Assets in Illinois: A Review By Richard W. Zuckerman September 2003 Article, Page 440 Find out what constitutes impermissible spending of marital assets by a spouse in a failing marriage.
Visitation Abuse v Unlawful Visitation Interference; Is There Comfort for Noncustodial Parents? By Celia Guzaldo Gamrath September 2003 Article, Page 450 A comparison of the civil visitation abuse statute and criminal visitation interference law.
Child custody: Easing the way for out-of-state removal By Helen W. Gunnarsson July 2003 Lawpulse, Page 326 The supreme court rules that a divorced parent can move a child outside of Illinois without showing a direct benefit to the child from the relocation.
Of QILDROs and QDROs By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 Too many lawyers fail to distinguish between these two orders, both of which govern the payment of pension benefits on divorce; but under very different circumstances.
Parentage Act does not bar common law claims alleging boyfriend should pay child support for children conceived through artificial insemination, but claim for paternity barred because mother did not obtain his written consent to insemination May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that a mother's failure to obtain the written consent of the putative father to artificial insemination precluded her claim for paternity under the Illinois Parentage Act.
Superior rights doctrine properly applied in determination of custody and best interests of child under section 601 of IMDMA April 2003 Illinois Law Update, Page 168 On January 22, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the circuit court of Winnebago County awarding custody of Alexander to his father.
Under Illinois Marriage and Dissolution of Marriage Act, spouse can recover attorney fees for individual appellate claims on which he or she "substantially prevails" April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court held that the appellate court had jurisdiction to reverse the trial court's award of attorney fees to the wife for an appeal in her action to dissolve her marriage.
Wife's petition for injunctive relief, compelling husband to reinstate her name as beneficiary of trust and prevent further transfer of marital property, failed to state cause of action March 2003 Illinois Law Update, Page 116 On November 27, 2002, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County granting the husband's motion to dismiss the wife's petition for injunctive relief for failure to state a cause of action.
The devil in the details of domestic-partner benefits By Helen W. Gunnarsson November 2002 Lawpulse, Page 578 More employers are offering benefits to their employees' nonspouse partners. Here are some of the legal and administrative issues they need to consider.
A Lawyer's Guide to Preparing Clients for Family Law Mediation By Frank V. Ariano November 2002 Article, Page 600 Practical suggestions for lawyers representing clients who mediate custody, visitation, and other family law issues.
New Options at Divorce: Legislation Treats Stock Options as Marital Property By Celia Guzaldo Gamrath March 2002 Article, Page 139 A review of the new law governing the classification and division of stock options upon divorce.
Prenups help couples put their cards on the table By Helen W. Gunnarsson March 2002 Lawpulse, Page 114 Even though courts have broad discretion to ignore prenuptial agreements, couples can benefit from the process of creating them, a family practitioner says.
Probate Court Report #1: Protect children of divorce before probate By Helen W. Gunnarsson March 2002 Lawpulse, Page 114 Take steps during the divorce to protect ex-spouses/children after their ex-partner/parent's death, or they might get no higher priority in probate court than magazine subscriptions and utility bills.
Correspondence from Our Readers January 2002 Column, Page 6 Those clients from hell.
Law clarifies division of stock options in dissolution of marriage cases P.A. 92-306 November 2001 Illinois Law Update, Page 568 In August, Gov. Ryan signed into law Senate Bill 433, which amends the Illinois Marriage and Dissolution of Marriage Act to clarify the current uncertainty about division and evaluation of stock options in dissolution of marriage cases.
Mental-Health Professionals in Child-Custody Cases: Giving "Expert" Testimony Its Due By H. Joseph Gitlin July 2001 Article, Page 350 The testimony of mental-health professionals is often not scientific evidence, this author says.
Troxel and Lulay -- Two High Courts Speak on Grandparent Visitation Rights By David N. Schaffer February 2001 Article, Page 74 An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.
Interest in maintaining relationship between grandparents and grandchildren of divorced parents does not warrant state's interference with fundamental parental rights December 2000 Illinois Law Update, Page 690 On October 26, 2000, the Supreme Court of Illinois ruled on the following question of law certified to it by the circuit court:
Expert Testimony and Valuing Goodwill at Divorce By Michael W. Kalcheim November 2000 Article, Page 652 Find out when and how personal goodwill should be valued at divorce, and how to present and cross-examine experts.
The Lawyer's Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Qualified Illinois Domestic Relations Orders: A Retirement System View By Cynthia F. Fain September 2000 Article, Page 533 Remember that QILDROs—not QDROs—apply to Illinois public pension benefits.
Appellate Review in Domestic Relations Cases: The Elusive Final and Appealable Order By Gunnar J. Gitlin and Chris S. Haaff August 2000 Article, Page 444 A review of the cases that have diminished appellate courts' power to review domestic relations cases.
Postnuptial Agreements in Illinois By Laura Caldwell August 2000 Article, Page 473 A review of the Illinois case law.
Preparing Your Clients for Parenting and Financial Mediation By Don C. Hammer and Debra Sudduth August 2000 Article, Page 469 How to help your client make the most of mediation.
Spouse's obligation to provide maintenance support ends on the date of the terminating event rather than the date the petition is filed August 2000 Illinois Law Update, Page 438 On June 13, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's determination that the proper date for terminating a wife's maintenance awards was the date when the petition to terminate spousal support was filed.
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