Illinois Bar Journal


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Articles on Family Law

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?
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.
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.
Illinois: An International Magnet for Surrogacy? By H. Joseph Gitlin January 2006 Column, Page 48 By removing the cloud over surrogacy in Illinois, the Gestational Surrogracy Act promises to make the procedure more popular with would-be parents.
Correspondence from Our Readers November 2005 Column, Page 554 Poor lawyer image - incivility not the culprit? Mediator as peacemaker.
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.
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.