Illinois Bar Journal


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Articles on Family Law

New statute clarifies family law attorney-fee provisions By Helen W. Gunnarsson October 2009 LawPulse, Page 490 A new law drafted by ISBA’s Family Law Section Council should bring some order to Illinois’s confusing, inconsistent scheme for awarding attorney fees in family law cases.
Urban Legends About Family Law By H. Joseph Gitlin October 2009 Column, Page 528 Think men don't get custody or maintenance? Think again.
Changing Pension Beneficiaries After Divorce: It’s More Important After Kennedy By Leon I. Finkel and Hailee R. Bloom September 2009 Article, Page 462 Now ex-spouses must change the beneficiary designation after divorce or risk inadvertently enriching their former partners.
Marital and Nonmarital Property: Calculating Reimbursements Under the IMDMA By Roman J. Seckel August 2009 Article, Page 412 A spouse's nonmarital estate can be reimbursed for contributions to the marital estate - and vice versa - but determining the value of those contributions can be tricky.
An Illinois Lawyer’s Guide to Community Property By Inna Pullin July 2009 Article, Page 360 In our mobile society, lawyers in common-law jurisdictions like Illinois can’t afford to be ignorant of community property basics.
Maintenance and the Marital Standard of Living By H. Joseph Gitlin July 2009 Column, Page 370 Here’s a formula for determining maintenance that reflects the standard of living during marriage.
Faster resolution urged for custody, SLAPP suits By Helen W. Gunnarsson June 2009 LawPulse, Page 278 At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.
Declaratory Judgments and Premarital Agreements: In re Marriage of Best By Celia Guzaldo Gamrath April 2009 Article, Page 188 With Best, the Illinois Supreme Court allows before-trial declaratory judgments to determine the validity of a premarital agreement.
Rules committee hears criminal law, family law, civil practice proposals By Helen W. Gunnarsson April 2009 LawPulse, Page 168 The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
“Standard Visitation” and the Best Interest of the Child By Scott A. Lerner March 2009 Article, Page 138 Courts too often grant every-other-weekend visitation without considering the advantages of more generous alternatives, the author argues.
Live-in Partners and the “No Impact” Rule By H. Joseph Gitlin January 2009 Column, Page 50 Courts no longer per se prohibit live-in partners for unmarried custodians.
Asked and Answered November 2008 Column, Page 592 Can an adopted child inherit from a biological parent?
Do We Still Need Grounds for Divorce? By H. Joseph Gitlin October 2008 Column, Page 534 They don't mean much in the age of no-fault divorce.
Is There Marital Property Before Divorce? So Sayeth Takata By Reuben A. Bernick October 2008 Article, Page 512 Can an ex-wife recover post-decree arrearages of child support from the separately owned assets of the obligor father's new wife? The appellate court says "yes." Plus, read Christine Takata's take on this much talked-about ruling.
Profitable Family Law Practice By H. Joseph Gitlin July 2008 Column, Page 368 Build your family law practice by knowing your stuff and getting your name out.
A Family Law Toolbox By H. Joseph Gitlin April 2008 Column, Page 214 A list of resources worth keeping at your fingertips.
Grandparent visitation cannot infringe on non-related parent’s visitation time April 2008 Illinois Law Update, Page 180 On February 4, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the circuit court allowing grandparent visitation but ordering that the visitation shall not diminish the time during which the mother currently has the child.
The Lawyer of Love By Helen W. Gunnarsson April 2008 LawPulse, Page 174 Chicago divorce lawyer Corri Fetman offers advice in - and poses for - Playboy.
Premarital Agreements Need Premeditation By H. Joseph Gitlin January 2008 Column, Page 48 Before you draft a premarital agreement, consider what’s at stake.
Visitation By Biological Boyfriend-Father By H. Joseph Gitlin October 2007 Column, Page 556 A biological father from a wife's extra-marital affair can win visitation with his child.
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.
Stem Cells: A Lawyer’s Primer By H. Joseph Gitlin April 2007 Column, Page 208 How much do you know about this important issue?
Adoption Act definition of “unfit person” amended -PA 094-0939 January 2007 Illinois Law Update, Page 14 The Illinois General Assembly (General Assembly) has amended section D of the definitions section of the Adoption Act (Act) in order to clarify the meaning of "Unfit person" under the Act. 
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.
Intrastate Removal: What’s a Noncustodial Parent to Do? By H. Joseph Gitlin October 2006 Column, Page 558 Make sure restrictions on intrastate removal are reasonable, Gitlin says.
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?
Bad Words By H. Joseph Gitlin April 2006 Column, Page 208 Why say "dissolution of marriage" when "divorce" says it more clearly?