Section Newsletters

Articles on Divorce

Crucial Health Insurance provision to keep in mind for your clients . . . By Tiffany Alexander Family Law, December 2008 Negotiating a settlement in a divorce case is no small accomplishment.
Disposition of the marital residence in troubled economic times By Hon. Nancy J. Katz Family Law, November 2008 Falling real estate values and increasing mortgage foreclosures are taking a toll on divorcing middle class families. This is particularly true when the primary asset of a family is the marital residence.
A tax on real estate transfers pursuant to divorce—In Chicago now and coming soon to a municipality near you!! By Barbara Downs Family Law, November 2008 On October 6, 2008 the City of Chicago Finance Committee voted unanimously to support Alderman Burke’s proposed ordinance to exempt transfers of the marital home pursuant to a divorce or legal separation judgment from payment of the Chicago Real Estate Property Transfer Tax.
A happy marriage: Divorce and estate planning By Katarinna McBride Trusts and Estates, October 2008 Upon divorce, it is common for one spouse to pay alimony, modernly referred to as spousal support, to the other spouse.
A tax on real estate transfers pursuant to divorce—In Chicago now and coming soon to a municipality near you!! By Barbara Downs Family Law, October 2008 We recently had a horrendous case involving the enforcement of the Chicago Real Estate Transfer Tax in an old divorce case. First, some background.
Collaborative divorce By Debra J. Braselton Women and the Law, January 2008 Discourage Litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time.
Contempt of Court: Is bad faith enough? By Thomas A. Else Family Law, September 2007 In many marital settlement agreements, the parties are required to engage in various complex acts in order to achieve the goals embodied in the agreement.
Rethinking divorce through collaborative practice By Samia Zayed Family Law, August 2007 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.
Retainers in dissolution of marriage actions By Michelle Lawless & Patrick Ryan Family Law, July 2007 The recent Illinois Supreme Court ruling in Dowling v. Chicago Options Associates, Inc., et al., clarifies that attorneys have a third option when considering the type of written retainer agreement to enter into with a client.
Compensation-for-contribution: An alternative method for handling personal goodwill in divorce matters By Brian R. Potter & Justin L. Cherfoli Family Law, June 2007 As in numerous jurisdictions throughout the United States, Illinois courts require valuators in family law settings to delineate personal goodwill from the total goodwill of the business enterprise being valued.
Transfer of marital residence found fraudulent by Bankruptcy Court By Matthew G. Shaw Family Law, April 2007 Most family law practitioners experience the dissolution case that is fraught with financial problems.
The departed and divorced By Katarinna McBride Trusts and Estates, March 2007 Which is legally more complicated, death during a divorce or death after a divorce?
Practice tip: Divorce practitioners beware: “non-modifiable” clause in judgment for dissolution not binding on court where support is unallocated By Mary Katherine Danna General Practice, Solo, and Small Firm, February 2006 In a dissolution of marriage action, there are several options for styling and structuring any resulting support obligations payable by one party to the other.
Bill of particulars in family law cases By Janet Boyle Family Law, December 2005 I was recently served with a Demand for Bill of Particulars in response to a Petition for Dissolution of Marriage I filed on behalf of a client.
Let divorce practitioners beware: Attorneys must sue clients within one year to recover fees By Cecilia Hynes Griffin Family Law, October 2005 An Illinois Appellate Court opinion recently clarified the law with respect to when an attorney may sue a former client following a divorce proceeding.
Mediation of financial issues in divorce By Don C. Hammer Family Law, July 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
Mediation of financial issues in divorce By Don C. Hammer Alternative Dispute Resolution, June 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
Family law update By Anne M. Martinkus & John T. Phipps General Practice, Solo, and Small Firm, March 2005 Recent cases of interest.
Division of property of the marriage By Roza Gossage Elder Law, January 2005 With the aging population, practitioners will now see older clients divorcing. Parties are no longer choosing to stay married during the last years of their lives if they are unhappy.
Equitable principles and their application to domestic relations cases By Paulette Gray Family Law, October 2004 A new client, Joe Innocent, walks into your office. Joe informs you that he and his wife, Amy, were divorced approximately seven years ago.
Challenging the concept of personal goodwill in divorce valuations By James M. Godbout Family Law, June 2004 Previous case law in Illinois indicated that personal goodwill is not considered to be a marital asset for distribution between the parities.
Intentional infliction of emotional distress actions are viable after dissolution of marriage By Brian L. McPheters General Practice, Solo, and Small Firm, April 2004 The Illinois Supreme Court, in its opinion in Feltmeier v. Feltmeier, 207 Ill. 2d 263, 798 N.E.2d 75, 278 Ill. Dec. 228 (September 18, 2003), permitted an action for intentional infliction of emotional distress brought against a former spouse after a dissolution of marriage, based upon spousal abuse both during and after marriage.
Personal versus enterprise goodwill in Illinois marital dissolution law: How can they be separated? By Christopher P. Casey Family Law, February 2003 Originating with the In re Marriage of Zells (1991) decision, the personal versus enterprise goodwill issue has steadily evolved through subsequent cases.
Survey on QILDRO By Steven N. Peskind Family Law, October 2000 On July 1, 1999, after ten years of work by the Illinois State Bar Association Family Law Section Council, HB1612 became law creating a vehicle to assign retirement benefits from State of Illinois pension plans.
Do the deed: terminating a joint tenancy By David K. Harris & Robert Barewin General Practice, Solo, and Small Firm, September 2000 Husband and Wife separated. Husband lived part-time with another woman.

Select a Different Subject