Section Newsletter Articles on Family Law

Hot topics in family law! By Hon. Jeanne M. Reynolds and Hon. Rodney Equi Family Law, June 2017 What family law issues are on the horizon?
Conditional residency in immigration family law cases: Who has the burden of proof? By Patrick M. Kinnally International and Immigration Law, November 2015 The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Family law professionals welcome new collegial forum By Linda Sheehan Family Law, December 2013 The Illinois chapter of the Association of Family and Conciliation Courts is an interdisciplinary, international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.
Chair’s column By William J. Scott Family Law, November 2012 A message from Family Law Section Chair Bill Scott.
The benefits of statewide representation: Reflections from Southern Illinois By Treva H. O’Neill Family Law, August 2012 The author shares her thoughts after serving 15 years on the ISBA Family Law Section Council.
Parenthood in civil cases By Jeffrey A. Parness Civil Practice and Procedure, May 2012 Is it time to comprehensively examine all parentage statutes, or to recognize broader common law powers that would serve childrens’ best interests without interfering with the superior rights of parents?
For §513 contributions, why not use your IRA—penalty free? By Edward J. Burt Family Law, March 2012 The practitioner may consider crafting a settlement agreement that utilizes IRA accounts as a source for funding the college education expenses, and thus, the client has somewhat resolved the college funding issue and removes some of the uncertainty as to his/her future obligation for college expenses.  
A lawyer’s guide to the DSM IV TR© By Rory Weiler Family Law, March 2012 The DSM IV TR (“text revision”) is the latest authoritative compilation of categorization and classification of mood, medical and personality disorders affecting human beings.
Broken engagements By Kelley Manzano Family Law, June 2011 In the event of a broken engagement, who keeps the ring and who is responsible for the wedding planning expenses?
Even divide among districts on post-decree appellate jurisdiction By Jan R. Kowalski Family Law, June 2011 For now, the matrimonial law practitioner needs to be cognizant that the appellate jurisdiction over a post-decree order, absent a 304(a) finding, is entirely dependent upon to which Appellate District the matter is brought.
The Illinois Religious Freedom Protection and Civil Union Act By Richard A. Wilson Diversity Leadership Council, June 2011 When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.
Signing a Voluntary Acknowledgement of Paternity is not fatal By Rebecca E. Cahan Young Lawyers Division, June 2011 It is our job and duty as lawyers to make sure we know the law and ask the right questions to determine whether a voluntary acknowledgment of paternity may be challenged on the grounds of fraud, duress, or material mistake of fact.
Recent amendment to Supreme Court Rule 304(b) and its impact on family law cases By Hon. Edward R. Jordan and Mary Jane Theis Bench and Bar, August 2010 Two judges share their perspectives on the recently amended child custody rules.
Who is going to pay for college? By Kelli E. Gordon Family Law, August 2010 College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
New senior minefield: The DRA comes to Illinois Elder Law, June 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Family law practitioner or jack of all trades? By Ross S. Levey Family Law, April 2010 Those who practice family law must also be prepared to understand issues in every area of the law.
Dischargeability of child representative and guardian ad litem fees in bankruptcy By Arthur W. Rummler Child Law, March 2010 This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality Act By Rory Weiler Family Law, February 2010 One of the many conundrums faced in the family law practice is the seemingly ubiquitous situation where your client decides that the children need professional help in dealing with the issues arising out of the divorce, and the other parent believes that counseling, therapy or whatever moniker you wish to assign to it is contrary to the children’s best interests. In the past, in the absence of a parenting agreement or custody order, there was no clear guidance from the IMDMA or the courts as to which parent’s choice controlled, if any.
Confidentiality issues for family lawyers By Marilyn Longwell Family Law, November 2009 It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Ten things a trial attorney MUST DO to preserve the record for a family law appeal By Gregory C. Maksimuk Family Law, September 2009 Ten things every trial attorney needs to know to prosecute a family law appeal.
Retained earnings of a family business: Income, asset, or both? By Rory Weiler Family Law, July 2009 Are retained earnings income (as it appears from the definition) or are they assets? 
Case law update By Ross S. Levey Family Law, April 2009 Recent cases of interest to family law practitioners.
Case law update By Craig M. Mandell and Ross S. Levey Family Law, February 2009 Recent cases of interest to family law practitioners.
The basics of buying a home in Mexico: Mi Casa in Mexico 101 By Humberto Guerrero International and Immigration Law, January 2009 This article intends to provide foreign buyers with the essentials on how to buy a dream home in Mexico.
Case law update By Craig M. Mandell and Ross S. Levey Family Law, January 2009 Recent cases of interest to family law practitioners.
What you need to know about consular notification for the defense—What difference can consular notification make? By Scott D. Pollock International and Immigration Law, January 2009 Foreign nationals in the U.S. find themselves in a difficult situation when they are in criminal or immigration proceedings.
An analysis of the court’s authority to order the sale of property prior to entry of judgment By Michael DiDomenico Family Law, June 2008 The authority of the trial court to order the sale of property during the pendency of a case is frequently litigated in domestic relations matters.
MUM is the word for allocating personal and enterprise goodwill By James M. Godbout Family Law, November 2007 Every so often a new case comes down from the Court and causes a stir. Marriage of Alexander is one of those cases.
Legislative update By Alan J. Toback Family Law, May 1999 As this issue goes to press, the Board of Managers of the Illinois Chapter of the American Academy of Matrimonial Lawyers voted in its monthly meeting by a vote of 8 to 7 to oppose House Bill 377 regarding the representation of children during divorce proceedings.

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