Illinois Bar Journal


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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.