Section Newsletter Articles on Divorce
Disgorgement of fees ordered in In re Marriage of Squire
, February 2016
In In re Marriage of Squire, the Appellate Court affirmed a disgorgement order requiring the wife’s attorneys to pay $60,000 to the husband’s attorneys, even though the wife had borrowed funds from her mother to pay her own fees, and the husband was gainfully employed.
Advance preparation helps minimize future risks to business owners in a divorce
, November 2015
If a spouse acquires a business interest during the marriage, that interest will likely be characterized as a marital asset subject to equitable distribution at the time of the dissolution. If proper planning has not occurred, this turn of events can have a disastrous impact on all of the shareholders or partners, not limited only to the person getting a divorce.
Maintenance in Illinois divorce litigation
General Practice, Solo, and Small Firm
, April 2015
As of January 1, 2015 the Illinois maintenance statute was revised and the amount and duration of maintenance was defined.
Defending against SBP in divorce
, November 2014
Strategies to prevent a soon-to-be-former spouse from getting coverage under a servicemember's Survivor Benefit Plan.
New spousal support guidelines for divorcing couples in Illinois
, October 2014
Even when facts and circumstances are remarkably similar, maintenance awards have varied widely and unpredictably. Recognizing this, in 2009 the Illinois State Bar Association’s Family Law Section Council began intensively analyzing the various issues.
The putative spouse
, March 2014
With more and more divorces involving foreign nation or cultural marriages, the putative spouse statute can be a useful tool in enhancing a client’s award of property or maintenance or both.
Child’s wishes under the IMDMA
, February 2014
While a court should consider the preferences of the child in awarding custody, a court is not bound by that preference.
Exclusive possession under the IMDMA and IDVA
, February 2014
The two statutes that a party may proceed under, the IMDMA and the IDVA, hold parties to different standards, and it may turn out that you are using the wrong statute for some of your cases.
Movie review: “Divorce Corp”
, January 2014
Section Council member Judge Jeanne Reynolds gives her opinion of the documentary film.
Post-majority support for education in Illinois
, August 2013
While support for college expenses is regularly included in a Judgment for Dissolution, Illinois case law is inconsistent regarding the correct measure of a parent’s financial obligations.
Is failure to file a lis pendens at the outset of a divorce case considered malpractice?
Women and the Law
, May 2013
Every family law attorney heeds warning when the word “malpractice” is uttered. We all know the fundamentals of malpractice in our respective fields, and we do our best to stay current on new law by attending an assortment of continuing legal education courses to protect against that malignant word. Inevitably, smaller items sometimes slip through the cracks.