Publications

Section Newsletter Articles on Divorce

Parenting time in Illinois: The trend towards equal time By Mark Simons Child Law, February 2011 Restraint should be used when negotiating and entering split-time parenting time orders.
Filing for divorce before residing in the state for 90 days By Jon D. McLaughlin and Alexander E. Preller Family Law, December 2010 The author makes the case that a petitioner may file a petition immediately after establishing residency in Illinois, without waiting for 90 days to pass.
Divorce support groups for women offer numerous benefits By Linda A. Lucatorto Women and the Law, November 2010 Divorce is a life-altering change that inspires powerful emotions and new decisions. A support group can be a source of comfort through those difficult challenges.
Rules for being a good divorce client, from an attorney who’s been there, done that… By Amie M. Simpson Women and the Law, October 2010 10 simple rules of behavior that author and divorce attorney Amie Simpson encourages her clients to follow at the outset of representation.
Life insurance litigation post-divorce: Easy to avoid, commonly neglected By Lauren J. Wolven and Ashley Crettol Trusts and Estates, August 2010 Even if a valid waiver is included in the divorce decree, practitioners should also impress upon their clients the importance of changing their beneficiary designations.
Property acquired in contemplation of marriage By Thomas A. Else Family Law, February 2010 In deciding whether property is marital or non-marital for purposes of allocation and division under the terms of the Illinois Marriage and Dissolution of Marriage Act, the statute itself is sometimes less than helpful.
Divorce, Deportation, and Disciplinary Complaints: Avoiding Immigration Pitfalls in Family Law By Macarena Tamayo-Calabrese International and Immigration Law, November 2009 The ISBA’s International and Immigration Law Section, in conjunction with the Family Law Section and the Section of Human Rights, will be presenting a Continuing Legal Education (CLE) class on March 26, 2010.
Take the house but the dog is mine: Anecdotal ‘tails’ about pet custody issues in divorce By Angela Peters Family Law, November 2009 The first of a two-part series discussing pet custody issues.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven Elder Law, October 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
Alimony in lieu of property By David H. Hopkins Family Law, June 2009 Especially with the United States economy as it is, lack of liquidity is a common reality; and, in some such cases, the would-be property transferor may prefer to draw on future income so as to effect a “buy-out” of marital property claims.
Practice trap: It ain’t over ‘til it’s over (Did the Supreme Court decision in Best really make a difference?) By Douglas B. Warlick Family Law, June 2009 Essentially, a party seeks a declaratory judgment to determine if certain property rights within a dissolution action will be governed by statute or be construed pursuant to a contract between the parties.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven Family Law, June 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
Strategic planning in divorce By Tom T. Field Trusts and Estates, April 2009  This article is designed to get estate planners on par with some of the thought processes and strategies used by matrimonial attorneys during this economic crisis.
Districts diverge on life insurance as security for maintenance By Jan R. Kowalski Family Law, February 2009 In the Fourth District, courts are able to order life-insurance as security; but, in the Second and Third District, courts are not.
Crucial Health Insurance provision to keep in mind for your clients . . . By Tiffany Alexander Family Law, December 2008 Negotiating a settlement in a divorce case is no small accomplishment.
Disposition of the marital residence in troubled economic times By Hon. Nancy J. Katz Family Law, November 2008 Falling real estate values and increasing mortgage foreclosures are taking a toll on divorcing middle class families. This is particularly true when the primary asset of a family is the marital residence.
A tax on real estate transfers pursuant to divorce—In Chicago now and coming soon to a municipality near you!! By Barbara Downs Family Law, November 2008 On October 6, 2008 the City of Chicago Finance Committee voted unanimously to support Alderman Burke’s proposed ordinance to exempt transfers of the marital home pursuant to a divorce or legal separation judgment from payment of the Chicago Real Estate Property Transfer Tax.
A happy marriage: Divorce and estate planning By Katarinna McBride Trusts and Estates, October 2008 Upon divorce, it is common for one spouse to pay alimony, modernly referred to as spousal support, to the other spouse.
A tax on real estate transfers pursuant to divorce—In Chicago now and coming soon to a municipality near you!! By Barbara Downs Family Law, October 2008 We recently had a horrendous case involving the enforcement of the Chicago Real Estate Transfer Tax in an old divorce case. First, some background.
Collaborative divorce By Debra J. Braselton Women and the Law, January 2008 Discourage Litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time.
Contempt of Court: Is bad faith enough? By Thomas A. Else Family Law, September 2007 In many marital settlement agreements, the parties are required to engage in various complex acts in order to achieve the goals embodied in the agreement.
Rethinking divorce through collaborative practice By Samia Zayed Family Law, August 2007 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.
Retainers in dissolution of marriage actions By Michelle Lawless and Patrick Ryan Family Law, July 2007 The recent Illinois Supreme Court ruling in Dowling v. Chicago Options Associates, Inc., et al., clarifies that attorneys have a third option when considering the type of written retainer agreement to enter into with a client.
Compensation-for-contribution: An alternative method for handling personal goodwill in divorce matters By Brian R. Potter and Justin L. Cherfoli Family Law, June 2007 As in numerous jurisdictions throughout the United States, Illinois courts require valuators in family law settings to delineate personal goodwill from the total goodwill of the business enterprise being valued.
Transfer of marital residence found fraudulent by Bankruptcy Court By Matthew G. Shaw Family Law, April 2007 Most family law practitioners experience the dissolution case that is fraught with financial problems.
The departed and divorced By Katarinna McBride Trusts and Estates, March 2007 Which is legally more complicated, death during a divorce or death after a divorce?
Mediation of financial issues in divorce By Don C. Hammer Family Law, July 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
Mediation of financial issues in divorce By Don C. Hammer Alternative Dispute Resolution, June 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
Equitable principles and their application to domestic relations cases By Paulette Gray Family Law, October 2004 A new client, Joe Innocent, walks into your office. Joe informs you that he and his wife, Amy, were divorced approximately seven years ago.
Personal versus enterprise goodwill in Illinois marital dissolution law: How can they be separated? By Christopher P. Casey Family Law, February 2003 Originating with the In re Marriage of Zells (1991) decision, the personal versus enterprise goodwill issue has steadily evolved through subsequent cases.