Publications

Articles on Domestic Relations

Maintenance: be careful what you ask - and don’t ask - for

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
In two separate cases, the fourth district upheld maintenance awards 1) even after one recipient's remarriage and 2) despite another's request that the court "deny maintenance to the Petitioner and Respondent."

Marital dissolution apportionment does not have to be equal

January
2006
Illinois Law Update
Page 16
On November 9, 2005, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Sangamon County, dividing the marital estate of Jason and Stephanie Thornley in favor of Stephanie and providing for maintenance payments to Stephanie. 

Collaborative divorce

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
It isn't mediation, but it can minimize the conflict in divorce, proponents say. Find out why collaborative divorce is on the rise in Illinois.

Correspondence from Our Readers

November
2005
Column
Page 554
Poor lawyer image - incivility not the culprit? Mediator as peacemaker.

Correspondence from Our Readers

October
2005
Column
Page 494
Proving irreconcilable differences.

Mediation of Financial Issues – Proceed with Caution

By H. Joseph Gitlin
October
2005
Column
Page 538
Financial mediators, more than custody mediators, must know the fine points of the law.

New law fine-tunes child rep statute

By Helen W. Gunnarsson
October
2005
LawPulse
Page 498
A new act seeks to clear up confusion about the differing roles of attorney, GAL, and child representative, and expressly authorizes judges to order divorcing spouses into counseling.

Section of the Adoption Act violates Equal Protection

October
2005
Illinois Law Update
Page 506
On August 1, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, terminating the parental rights of the defendant. 

Family Law: A Crucible for Change

By Robert K. Downs
September
2005
Column
Page 436
If we want to improve the image of our profession, let's improve the practice of family law.

Maintenance proceedings revised in IMDMA - PA 094-0089

September
2005
Illinois Law Update
Page 446
Effective January 1, 2006, the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/101 et seq) is revised to provide that "any maintenance obligation, including any unallocated maintenance and child support obligation, or any portion of any support obligation.

Living in a two story house

By Helen W. Gunnarsson
August
2005
LawPulse
Page 382
Can parties be "separate and apart" for purposes of filing for divorce while still living under the same roof?

Taxes, Marital QTIP Trusts, and Anti- Apportionment Clauses

By David Berek
August
2005
Column
Page 418
It's time to revisit the language you've been using in QTIP trusts. 
Find out why.

Contempt Proceedings in Divorce

By H. Joseph Gitlin
July
2005
Column
Page 368
A thumbnail sketch of contempt proceedings in Illinois.

The Year Ahead

By Robert K. Downs
July
2005
Column
Page 328
The new ISBA president outlines his plans for the coming year.

Correspondence from Our Readers

May
2005
Column
Page 222
Nonprofits' billing practices; bankruptcy lawyers and divorce.

Till death us do part?

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Suppose Michael and Terri Schiavo had resided in Illinois after she became incapacitated, and suppose Michael had wanted (or been willing) to divorce her – would Illinois law have allowed it?

Child’s Representative Statute Held Unconstitutional

By H. Joseph Gitlin
April
2005
Column
Page 212
The implications of In re Marriage of Bates.

Illinois Supreme Court 2004: Taking on the Tough Issues

By Nancy J. Arnold and Tim Eaton
April
2005
Article
Page 174
Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.

Personal goodwill is not to be included in a division of marital assets

April
2005
Illinois Law Update
Page 170
On January 21, 2005, the Illinois Supreme Court reversed the judgment of the appellate court and upheld the circuit court's determination that personal goodwill be excluded in the valuation of the former husband's dental practice.

You take the sofa, I’ll take the Fifth…

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
Forget about dirty laundry; what if your divorcing client did – or might have done – something criminal? Here's advice about advising clients how and when to take the Fifth.

Correspondence from Our Readers

February
2005
Column
Page 58
QDROs and Social Security numbers

A Family Lawyer’s Guide to Bankruptcy

By Peter C. Alexander
February
2005
Article
Page 80
Divorce and financial distress often go hand in hand. Here's a bankruptcy primer for matrimonial lawyers.

The ABCs of QDROs

By Helen W. Gunnarsson
January
2005
Article
Page 18
QDROs are an increasingly painful – and important – part of practice. And ignoring them won't make the pain go away.

The Child’s Representative Law After In re Marriage of Bates

By Rebecca J. Whitcombe
January
2005
Article
Page 26
This supreme court case from a few weeks ago casts a cloud on the law's future.

Removal: the Still-Evolving Standard

By H. Joseph Gitlin
January
2005
Column
Page 46
The Illinois Appellate Court takes yet another tack.

Language in marriage dissolution agreement must be given its plain meaning

December
2004
Illinois Law Update
Page 620
On September 16, 2004, the Illinois Appellate Court, Third District, reversed in part, affirmed in part, and remanded for further proceedings the judgment of the Circuit Court of Mercer County. 

The New, Narrower Illinois Grandparent Visitation Statute

By Michael K. Goldberg
November
2004
Article
Page 578
The legislature takes another crack at grandparent visitation.

Recovering Attorney Fees From the Opposing Party in Illinois Divorce Cases

By Alison G. Turoff
September
2004
Article
Page 462
A guide through the steps required under IMDMA to recover fees from the other side.

Sexual Morality and Children of Divorce

By H. Joseph Gitlin
September
2004
Article
Page 468
How does parents' post-marital sexual behavior affect their right to custody and visitation? A look at Illinois law.

2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More

By Nancy J. Arnold and Tim Eaton
April
2004
Article
Page 180
A look at last year's leading supreme court civil cases.

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