Publications

Articles on Family Law

Valuing Property in Lengthy Divorce Proceedings

By Jenna C. Patchen
April
2013
Article
Page 198
When the valuation hearing comes after the dissolution judgment, is marital property valued on the judgment date or the hearing date? The supreme court recently settled the question.

Marital property valued on date of dissolution in bifurcated proceeding

March
2013
Illinois Law Update
Page 124
On December 28, 2012, the Supreme Court of Illinois held that, in a bifurcated marital dissolution proceeding, the date of trial on which marital property must be valued under section 503(f) of the Illinois Marriage and Dissolution of Marriage Act ("Dissolution Act") refers to the date the judgment for dissolution is rendered.

New rules for recordkeeping in prior unfounded child abuse reports. PA 097-1089

March
2013
Illinois Law Update
Page 124
The Abused and Neglected Child Reporting Act has been amended to provide new requirements for recordkeeping by the Illinois Department of Children and Family Services (325 ILCS 5/7.7).

Lawyer Disqualification for Conflict of Interest

By H. Joseph Gitlin
January
2013
Column
Page 48
Denying a client the lawyer of choice should not be done lightly.

Support Awards for Adult Disabled Children in Illinois

By Jennifer Wood, Kathleen Roseborough, and Molshree Sharma
December
2012
Article
Page 656
A look at the factors that affect support awards under 750 ILCS 5/513, along with national trends in this area.

Marriage and Divorce at Midlife and Beyond

By Ross S. Levey and Kelley L. Menzano
October
2012
Article
Page 544
As the 45-and-older population continues to grow, family law practitioners are faced with an array of issues unique to the "gray divorce revolution."

Why Do Senior Lawyers Continue to Practice?

By H. Joseph Gitlin
October
2012
Column
Page 558
A senior lawyer ruminates about why he is still at it.

Is a family-law overhaul on the way?

By Adam W. Lasker
September
2012
LawPulse
Page 458
No more grounds for divorce? Divorce judgments within 90 days or else? These are just two of the family-law reforms proposed by a bipartisan legislative study group.

Advising Family Businesses

By Christine Organ
July
2012
Article
Page 372
Family businesses are the backbone of today's corporate world, but lawyers who counsel them must deal with some very "noncorporate" emotional and psychological issues.

Do Supreme Court Matrimonial Interrogatories Call for Legal Conclusions?

By Joseph Gitlin
July
2012
Column
Page 384
How can we expect lay people to know what is and isn't "marital" and "nonmarital" property?

A Checklist for Building or Defending Against A Maintenance Case

By Thomas J. Kasper
May
2012
Article
Page 256
The IMDMA's 12 factors for calculating maintenance amount to a checklist for both sides in a divorce where maintenance is an issue. This article discusses each factor.

Absolute immunity for child reps

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.

Court affirms award of attorney’s fees in dissolution of marriage case

October
2011
Illinois Law Update
Page 496
The court found that, despite Petitioner Kristina Baniak's claims, the lower court had subject matter jurisdiction to hear the case regarding attorney's fees and that Baniak had waived all other issues raised in her appeal.

A Judge’s Obligation to Learn the Law

By H. Joseph Gitlin
October
2011
Column
Page 537
Judicial discretion gives judges tremendous power - and a heavy responsibility.

Adoption law pointers

By Helen W. Gunnarsson
September
2011
LawPulse
Page 434
The August Child Law Section newsletter includes an adoption law legislation roundup and helps lawyers help clients find birth parents and readopt after surrendering parental rights.

A Divorce Lawyer’s Guide to the Illinois Fraudulent Transfer Act

By Andrew R. Schwartz, Thomas J. Kanyock, and Karen Jeffreys
September
2011
Article
Page 462
Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hides assets. Never fear - the Illinois Uniform Fraudulent Transfer Act is here.

Adoption in the Sunshine: Illinois’ Disclosure Law for Adult Adoptees

By Paul A. Rodrigues
August
2011
Article
Page 414
A look at the Illinois law that reverses years of presumptive confidentiality and gives adult adoptees access to their original birth certificates.

Marital Property: Making the Pie Larger

By Professor H. Joseph Gitlin
July
2011
Column
Page 367
Employer-based health insurance should be treated as marital property.

“This is why we become lawyers”: the Watkins counsel speak

By Helen W. Gunnarsson
June
2011
LawPulse
Page 280
Lawyers talk about the challenges and rewards of representing parties to the highly charged, nationally publicized Watkins visitation case.

A Guide to the New Illinois Civil Union Law

By Richard A. Wilson
May
2011
Article
Page 232
Beginning June 1, Illinois' civil union law confers most of the rights of marriage on parties to a civil union. But federal prohibitions impose important limits. Find out how the new law works.

Court-ordered mental health reports not confidential under IMDMA

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Don’ts for Divorcing Parents

By H. Joseph Gitlin
April
2011
Column
Page 210
Lawyers should help clients keep children beyond the fray.

Vailas: An Ill-Conceived Limit on Modifying Child Support Orders

By Professor Jeffrey A. Parness
March
2011
Column
Page 160
While Vailas' goal of protecting nonresidents is laudable, the approach it took commands too high a price.

Changing Custody: The Cards are Stacked Against the Movant

By H. Joseph Gitlin
January
2011
Column
Page 50
Once made, a custody determination is hard to reverse.

Maintenance, Support, and Underemployed Payors

By Burton S. Hochberg and Kimberly A. Cook
January
2011
Article
Page 24
Is your client's ex unwilling to get work or deliberately taking a lesser-paying job to avoid paying support or maintenance?
Here are resources and remedies you need to know about.

ABCs for GALs

By Helen W. Gunnarsson
November
2010
Article
Page 572
You'd like to serve as a GAL, child rep, or attorney for the child - how do you play this important but challenging role? Seasoned lawyers offer dos, don'ts, and tips.

Is a Not-Yet-Paid Contingent Fee Marital Property?

By H. Joseph Gitlin
October
2010
Column
Page 542
A divorcing lawyer has earned a big fee but hasn't been paid. Is the fee award marital property?

Family law software: not exempt from the rules of evidence

By Helen W. Gunnarsson
August
2010
LawPulse
Page 394
Make sure you understand how support calculators work before relying on their results, and don't forget to lay a foundation for the report if you seek to enter it into evidence.

Taking Charge in Matrimonial Cases

By H. Joseph Gitlin
April
2010
Column
Page 216
The winning lawyer is usually the one who takes the initiative.

Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records.

January
2010
Illinois Law Update
Page 16
On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 

Pages

Select a Different Subject