Publications

Section Newsletter Articles on Divorce

Transmutation: Muddled assets shouldn’t lead to muddled evidence presentation By Chuck Roberts and William S. Thayer Family Law, December 2014 As the decision in In re Marriage of Foster most recently illustrated, transmutation cases deal with blurred lines and muddled areas. If the analysis and evidence presented to the court is not clear, then it can cost clients significantly.
Defending against SBP in divorce By Mark E. Sullivan Family Law, November 2014 Strategies to prevent a soon-to-be-former spouse from getting coverage under a servicemember's Survivor Benefit Plan.
New spousal support guidelines for divorcing couples in Illinois By David H. Hopkins Family Law, October 2014 Even when facts and circumstances are remarkably similar, maintenance awards have varied widely and unpredictably. Recognizing this, in 2009 the Illinois State Bar Association’s Family Law Section Council began intensively analyzing the various issues.
Bankruptcy, divorce and judicial estoppel By James Hanauer Family Law, August 2014 What should you do when a spouse files a petition for bankruptcy during a divorce proceeding?
Co-owner or creditor? That is the question when dividing a marital public pension By Hon. Mark J. Lopez Family Law, August 2014 The Circuit Court of Cook County - Domestic Relations Division recently determined in a post-decree order that members of a public pension can be ordered to execute a consent to QILDRO.
The practical implications of In Re Marriage Of Mathis: A view from the battlefield By Hon. Arnold F. Blockman Family Law, June 2014 A look at the practical difficulties created by the Mathis decision for both lawyers and trial courts.
The putative spouse By Robin R. Miller and Elizabeth Sietsema Family Law, March 2014 With more and more divorces involving foreign nation or cultural marriages, the putative spouse statute can be a useful tool in enhancing a client’s award of property or maintenance or both.
Child’s wishes under the IMDMA By Jon D. McLaughlin Child Law, February 2014 While a court should consider the preferences of the child in awarding custody, a court is not bound by that preference.
Exclusive possession under the IMDMA and IDVA By Jon D. McLaughlin Child Law, February 2014 The two statutes that a party may proceed under, the IMDMA and the IDVA, hold parties to different standards, and it may turn out that you are using the wrong statute for some of your cases.
Movie review: “Divorce Corp” By Hon. Jeanne M. Reynolds Family Law, January 2014 Section Council member Judge Jeanne Reynolds gives her opinion of the documentary film.
Pet provisions in marital settlement agreements By Angela Peters Family Law, November 2013 A helpful guide to drafting pet agreements.
Conscious divorce: The conscious lawyers and collaborative practice By Sandra Crawford Family Law, October 2013 It often goes without saying that family lawyers deal with significant trauma and distress on a daily basis. Becoming and remaining conscious of the impact of the stress on one’s own life is critical.
Post-majority support for education in Illinois By Jennifer Wood Child Law, August 2013 While support for college expenses is regularly included in a Judgment for Dissolution, Illinois case law is inconsistent regarding the correct measure of a parent’s financial obligations.
Is failure to file a lis pendens at the outset of a divorce case considered malpractice? By Lindsay C. Stella Women and the Law, May 2013 Every family law attorney heeds warning when the word “malpractice” is uttered. We all know the fundamentals of malpractice in our respective fields, and we do our best to stay current on new law by attending an assortment of continuing legal education courses to protect against that malignant word. Inevitably, smaller items sometimes slip through the cracks.
The demise of Drews: The right of a guardian to file for divorce on behalf of a ward By Margaret C. Benson Elder Law, February 2013 On October 4, 2012 the Illinois Supreme Court finally removed In re Marriage of Drews from life support by overturning the nearly 26-year-old opinion.
New power for guardians of the disabled—Filing for dissolution of marriage By Marilyn Longwell and Aurelija Juska Family Law, December 2012 Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
Guardian may seek permission for dissolution of marriage By Robert T. Park Civil Practice and Procedure, October 2012 IKarbin v. Karbin, the Illinois Supreme Court reversed its prior precedent and held that a guardian may request court permission to seek dissolution of the ward’s marriage.
More thoughts on how not to mess up a divorce case By Marilyn Longwell Family Law, February 2012 The author provides some pointers keep in mind to help negotiate the thicket of legal and emotional turmoil involved in handling a divorce case.
Reminder: Reliance on financial disclosure statement does not equal due diligence By Elizabeth A. Teague Family Law, February 2012 After the decision by the First District Appellate Court in Goldsmith v. Goldsmith, all family law practitioners need to be wary of forgoing formal discovery.
A case law overview for child custody disputes in civil union dissolutions By Sean McCumber Child Law, November 2011  A brief case law overview of custody and visitation issues for non-biological parents.
College expense contributions by divorced parents: Reservations about reservation provisions By Cecilia Hynes Griffin and Scott P. Kramer Family Law, November 2011 Courts do not always require divorcing parties to expressly allocate the cost of their children’s college expenses between themselves upon termination of their marriage. Rather, the issue of each party’s respective obligation to contribute to their children’s college expenses is instead often “reserved” for future determination pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Given the popularity of these reservation provisions in divorce decrees, family law practitioners must understand the ramifications of these provisions, and how to best convert the “reservation” into actual college expense contributions.
Yes, you have two husbands By Angela Peters Family Law, November 2011 Getting a divorce overseas is not a problem or something you should necessarily avoid, but be aware of the jurisdiction.
Modest suggestions on how not to mess up a divorce case: Part I By Marilyn Longwell Family Law, October 2011 The author provides seven rules to help keep your sanity during a domestic relations case.
A judicial perspective on the welfare of pets in dissolution cases By Hon. Edward R. Jordan Animal Law, September 2011 Judge Edward R. Jordan argues that careful application of current law in dissolution cases "is more than sufficient to guarantee fundamental fairness for a pet and its guardians."
Why it is appropriate for the New Jersey decisional law rationale to the ‘welfare of pets in dissolution cases’ to be adopted by Illinois courts? By Shannon Burke Animal Law, September 2011 The rationale in Houseman v. Dare—that courts are already sufficiently equipped to address ownership and possession of pets—is equally applicable in Illinois.
Divorce among professional women By Karen M. Pinkert-Lieb Women and the Law, April 2011 Not only are professional women more likely to get divorced, but the number of women paying alimony has almost doubled since the late 90s. Here are some tips to help protect yourself in the event of a divorce.
Reasonable compensation: A key issue in marital dissolution By Christopher P. Casey and Justin L. Cherfoli Family Law, April 2011 Assessing the reasonableness of owner’s compensation is a critical determination in marital dissolution proceedings.
Illinois has three requirements to be legally married. However, a party can be married without demonstrating all three By Kimberly J. Anderson Family Law, March 2011 Illinois is very clear in its requirements for a binding marriage: A person is required to purchase a marriage license, the marriage has to be solemnized and it must be registered.
Interfaith issues in divorce mediation By Whitney Rhew Alternative Dispute Resolution, March 2011 The case of Reyes v. Shapiro calls into question the court system’s ability to prohibit a parent from instilling values and beliefs into his or her child.
Best interests and presumptions circa 2011 By Elizabeth Chacko Child Law, February 2011 While the courts now utilize the best interests of the children standard when determining custody, the age and sex of the children and the sex of the party can be a factor considered by the courts in determining custody. But to what extent and how much emphasis should the court place on this factor?