Illinois Bar Journal

Articles on Family Law

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?

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.

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