Publications

Articles on Domestic Relations

Combating Orders-of-Protection Abuse in Divorce

By Scott A. Lerner
November
2007
Article
Page 590
Differences in the order-of-protection process under the IMDMA and the Illinois Domestic Violence Act create an opportunity for petioners to gain an unfair advantage in divorce. 

Court upholds support-arrearage payments at 60 percent of income

By Helen W. Gunnarsson
September
2007
LawPulse
Page 454
The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.

Defining a Child-Support Payor’s “Net Income”

By Gregory C. Maksimuk
September
2007
Article
Page 478
What constitutes "net income" for purposes of calculating a payor's child-support obligation? A look at the cases.

2007 Spring Session Roundup

By Jim Covington
August
2007
Column
Page 408
Highlights of this year's legislative session.

Putting a Spouse through School

By H. Joseph Gitlin
July
2007
Column
Page 386
It's easier for courts to compensate a divorcing spouse who put a partner through school.

Correspondence from Our Readers

April
2007
Column
Page 166
Keep morals in divorce practice.

Stem Cells: A Lawyer’s Primer

By H. Joseph Gitlin
April
2007
Column
Page 208
How much do you know about this important issue?

Jury trials for divorce?

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
An Illinois bill would bring jury trials back to contested divorce. The ISBA Family Law Section Council thinks that's a bad idea.

Another appellate court holds postdissolution order finality depends on SCR 304(a) finding

January
2007
Illinois Law Update
Page 14
On October 23, 2006, the Illinois Appellate Court, Fourth District, dismissed the respondent's appeal from the Circuit Court of Vermilion County's dismissal of her post-dissolution petition to modify maintenance because the circuit court's order was not final and appealable. 

Are a Closely Held Corporation’s Retained Earnings Fair Game for a Divorcing Spouse?

By Michael W. Kalcheim
January
2007
Article
Page 30
Can the non-employee spouse make a claim for reimbursement to the marital estate from the retained earnings of a closely held corporation? This article considers the question.

Don’t Take Sides in a Divorce

By H. Joseph Gitlin
January
2007
Column
Page 48
 Lawyers serve their clients best when they are objective advocates, not sympathizing moralists.

The Grandparent Visitation Statute Violates Parents’ Due Process Rights

By Morris Lane Harvey
December
2006
Article
Page 663
Is the new statute constitutionally infirm like its predecessor?

Need for support not a factor in terminating maintenance due to de facto marriage

December
2006
Illinois Law Update
Page 650
On October 6, 2006, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lee County, granting petitioner James 

New Amendments to the Illinois Grandparent Visitation Statute

By Michael K. Goldberg
December
2006
Article
Page 660
Effective January 1, grandparents can petition for visitation during a divorce and after some types of adoptions.

Courts have new powers regarding children’s health insurance in divorces -PA 094-0923

November
2006
Illinois Law Update
Page 584
Recently, the Illinois General Assembly amended section 505.2 of the Illinois Marriage and Dissolution of Marriage Act in by adding paragraph (2.5) to subsection (c) in order to ensure health insurance is provided for children of divorce in an equitable manner. 750 ILCS 5/505.2(c)(2.5).

The Misuse of Mediation in Joint Parenting Agreements

By Alison G. Turoff
October
2006
Article
Page 546
What happens when parties empower the mediator not only to help resolve disputes, but also to investigate and punish breaches of the agreement?

New visitation rights available to grandparents and siblings - PA 094-1026

October
2006
Illinois Law Update
Page 526
Due to the ever-changing definition of family, the Illinois General Assembly amended section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.

Reasonable Fees in Dissolution of Marriage Cases

By Donald C. Schiller
September
2006
Article
Page 474
A look at what the cases say about what constitutes a "reasonable" attorney fee in a divorce proceeding.

Correspondence from Our Readers

August
2006
Column
Page 394
Nothing beats voir dire for learning about jurors; What is a rule of thumb?

Supreme court to rule on putative father registry

By Helen W. Gunnarsson
August
2006
LawPulse
Page 398
Some say the registry protects adoptive parents and children from belated, unwelcome interest by a biological dad. Others say it unfairly cuts a birth father out of his child's life. 
   

New Rules Expedite Custody Proceedings

By Aldo E. Botti
July
2006
Article
Page 360
A special focus on the rules aimed at speeding up custody cases.

The New Supreme Court Rules Governing Child Custody Cases: A Summary and Review

By David N. Schaffer
July
2006
Article
Page 354
A review of the new 900 series of Illinois Supreme Court rules, which are designed to improve child custody proceedings and which are effective July 1.

Rule of Thumb

By H. Joseph Gitlin
July
2006
Column
Page 384
The phrase has its origins in legalized wife beating. Or does it?

What to Do When There’s No “I Do”

By Helen W. Gunnarsson
June
2006
Article
Page 292
Experienced practitioners offer pointers about protecting unmarried clients' rights to custody and property in the face of a breakup or legal challenge.

Bad Words

By H. Joseph Gitlin
April
2006
Column
Page 208
Why say "dissolution of marriage" when "divorce" says it more clearly?

New rules expedite custody cases

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
On February 10, 2006, the Illinois Supreme Court issued new rules that will dramatically change procedures in child custody cases. The rules are contained in new Article IX of the Supreme Court Rules and are effective July 1, 2006.

Probate Act section should be read independently of IMDMA

April
2006
Illinois Law Update
Page 174
On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child. 

Trial court granted broad discretion in dissolution of marriage decisions

April
2006
Illinois Law Update
Page 174
On February 1, 2006, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County, dividing the marital estate of Mark and Peggy Hubbs and awarding child support. 

Family Law and the New Bankruptcy Code

By John J. Johnston
March
2006
Article
Page 128
The new Code amendments have a major impact on family law - here are key provisions, issues, and strategies.

Interest on Past-Due Maintenance and Child Support: the New Calculus

By David B. Yavitz
February
2006
Article
Page 76
A new law imposes interest on overdue support and changes the formula for calculating interest.

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