Publications

Articles on Domestic Relations

Attorney fees, family law and In re Marriage of King

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
The Illinois Supreme Court has given divorce lawyers one more reason to get as much of their fee up front as possible.

Actions for intentional infliction of emotional distress based upon conduct occurring in the martial setting will be recognized

December
2003
Illinois Law Update
Page 600
On September 18, 2003, the Illinois Supreme Court affirmed the judgment of the fifth district appellate court, which held that the plaintiff could maintain a cause of action for intentional infliction of emotional distress caused by her ex-husband's pattern of abusive treatment during their marriage.

Correspondence from Our Readers

October
2003
Column
Page 482
A brand-new dissipation ruling

Marital settlement agreement awarding a percentage of a military pension does not entitle a spouse to receive a portion of disability benefits received in lieu of retirement pay; the additional amount owed per the agreement must be paid from alternate fun

October
2003
Illinois Law Update
Page 492
On July 11, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed in part orders of the Circuit Court of Du Page County awarding the former wife to a portion of her former husband's military pension and disability benefits.

Apportioning Stock Options at Divorce: A Detailed Guide

By Michael W. Kalcheim
September
2003
Article
Page 454
Companies still use stock options; here's how to apportion them.

Dissipation of Marital Assets in Illinois: A Review

By Richard W. Zuckerman
September
2003
Article
Page 440
Find out what constitutes impermissible spending of marital assets by a spouse in a failing marriage.

The “Prodigious Spouse”: Equitable Distribution and Wealthy Wage Earner

By Debra DiMaggio
September
2003
Article
Page 460
Should the wealthy wage-earning spouse be awarded a disproportionate share of marital assets generated through his or her efforts?

Visitation Abuse v Unlawful Visitation Interference; Is There Comfort for Noncustodial Parents?

By Celia Guzaldo Gamrath
September
2003
Article
Page 450
A comparison of the civil visitation abuse statute and criminal visitation interference law.

Child custody: Easing the way for out-of-state removal

By Helen W. Gunnarsson
July
2003
LawPulse
Page 326
The supreme court rules that a divorced parent can move a child outside of Illinois without showing a direct benefit to the child from the relocation.

Of QILDROs and QDROs

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
Too many lawyers fail to distinguish between these two orders, both of which govern the payment of pension benefits on divorce; but under very different circumstances.

Parentage Act does not bar common law claims alleging boyfriend should pay child support for children conceived through artificial insemination, but claim for paternity barred because mother did not obtain his written consent to insemination

May
2003
Illinois Law Update
Page 226
On February 6, 2003, the Illinois Supreme Court held that a mother's failure to obtain the written consent of the putative father to artificial insemination precluded her claim for paternity under the Illinois Parentage Act.

Superior rights doctrine properly applied in determination of custody and best interests of child under section 601 of IMDMA

April
2003
Illinois Law Update
Page 168
On January 22, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the circuit court of Winnebago County awarding custody of Alexander to his father.

Under Illinois Marriage and Dissolution of Marriage Act, spouse can recover attorney fees for individual appellate claims on which he or she “substantially prevails”

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court held that the appellate court had jurisdiction to reverse the trial court's award of attorney fees to the wife for an appeal in her action to dissolve her marriage.

Wife’s petition for injunctive relief, compelling husband to reinstate her name as beneficiary of trust and prevent further transfer of marital property, failed to state cause of action

March
2003
Illinois Law Update
Page 116
On November 27, 2002, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County granting the husband's motion to dismiss the wife's petition for injunctive relief for failure to state a cause of action.

The devil in the details of domestic-partner benefits

By Helen W. Gunnarsson
November
2002
LawPulse
Page 578
More employers are offering benefits to their employees' nonspouse partners. Here are some of the legal and administrative issues they need to consider.

A Lawyer’s Guide to Preparing Clients for Family Law Mediation

By Frank V. Ariano
November
2002
Article
Page 600
Practical suggestions for lawyers representing clients who mediate custody, visitation, and other family law issues.

New Options at Divorce: Legislation Treats Stock Options as Marital Property

By Celia Guzaldo Gamrath
March
2002
Article
Page 139
A review of the new law governing the classification and division of stock options upon divorce.

Prenups help couples put their cards on the table

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Even though courts have broad discretion to ignore prenuptial agreements, couples can benefit from the process of creating them, a family practitioner says.

Probate Court Report #1: Protect children of divorce before probate

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Take steps during the divorce to protect ex-spouses/children after their ex-partner/parent's death, or they might get no higher priority in probate court than magazine subscriptions and utility bills.

Correspondence from Our Readers

January
2002
Column
Page 6
Those clients from hell.

Law clarifies division of stock options in dissolution of marriage cases P.A. 92-306

November
2001
Illinois Law Update
Page 568
In August, Gov. Ryan signed into law Senate Bill 433, which amends the Illinois Marriage and Dissolution of Marriage Act to clarify the current uncertainty about division and evaluation of stock options in dissolution of marriage cases.

Mental-Health Professionals in Child-Custody Cases: Giving “Expert” Testimony Its Due

By H. Joseph Gitlin
July
2001
Article
Page 350
The testimony of mental-health professionals is often not scientific evidence, this author says.

Troxel and Lulay — Two High Courts Speak on Grandparent Visitation Rights

By David N. Schaffer
February
2001
Article
Page 74
An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.

Interest in maintaining relationship between grandparents and grandchildren of divorced parents does not warrant state’s interference with fundamental parental rights

December
2000
Illinois Law Update
Page 690
On October 26, 2000, the Supreme Court of Illinois ruled on the following question of law certified to it by the circuit court:

Expert Testimony and Valuing Goodwill at Divorce

By Michael W. Kalcheim
November
2000
Article
Page 652
Find out when and how personal goodwill should be valued at divorce, and how to present and cross-examine experts.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

Qualified Illinois Domestic Relations Orders: A Retirement System View

By Cynthia F. Fain
September
2000
Article
Page 533
Remember that QILDROs—not QDROs—apply to Illinois public pension benefits.

Appellate Review in Domestic Relations Cases: The Elusive Final and Appealable Order

By Gunnar J. Gitlin and Chris S. Haaff
August
2000
Article
Page 444
A review of the cases that have diminished appellate courts' power to review domestic relations cases.

Postnuptial Agreements in Illinois

By Laura Caldwell
August
2000
Article
Page 473
A review of the Illinois case law.

Preparing Your Clients for Parenting and Financial Mediation

By Don C. Hammer and Debra Sudduth
August
2000
Article
Page 469
How to help your client make the most of mediation.

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