Book Review: We the Women…the Hidden Heroes Who Shaped America By Norah O’DonnellBy Judge Naomi H. SchusterFamily Law, July 2026As we enter the 250th anniversary of America, it's important to remember the American heroines who helped change the course of history. We the Women follows 35 women throughout American history, across the span of 50 years, to discuss their contributions to and influences on our country.
Domestic Violence and Attorney SolicitationBy Maxwell SharkeyFamily Law, July 2026Illinois Professional Rule of Conduct 7.3 covers the solicitation of clients by attorneys; however, attorneys are still able to solicit prospective clients in domestic relations cases. This can remove autonomy from the filing spouse from being able to share the news in a safe manner, necessitating rule amendments that create time limitations for solication in domestic relations cases.
Exclusive Possession of the Marital Residence Pursuant to the Illinois Marriage and Dissolution of Marriage ActBy John D. Winters & Lena Goretsky WintersFamily Law, July 2026Seeking exclusive possession of the marital residence is an extraordinary remedy. A successful motion for exclusive possession generally requires evidence of either physical violence, credible threats, or compelling proof that continued cohabitation is causing concrete and ongoing emotional harm that cannot reasonably be remedied while the parties remain in the same residence.
The Imposter Takes the ChairBy Matthew BensonFamily Law, July 2026A note from the new chair of the Family Law Section Council, addressing the upcoming bar year, Imposter Syndrome, and the current Newsletter issue.
Love and Marriage Go Together Like…By Sandra Crawford, J.D.Family Law, July 2026Although divorce is, by its nature, emotionally exacting and often accompanied by pain, anger, and betrayal, it need not be conducted without dignity or care. By engaging one another with empathy, respect, and cooperation, modeled by their lawyers and other professionals, people may “divorce well,” minimizing harm and laying the groundwork for healthier post‑marital relationships.
An AI “Girlfriend” Is Still a GirlfriendBy Jennifer Cunningham BeelerFamily Law, June 2026While AI has become an increasingly prominent topic as it relates to the practice of law, AI is seeping into family law in a unique way with the introduction of AI girlfriends and potential dissipation claims. AI girlfriend platforms are replacing the Match.com and Bumble monthly subscriptions for seeking romance outside of the marriage.
Competing Interests: The Interplay Between Mental Health Protections and the Best Interest FactorsBy John C. WroblewskiFamily Law, June 2026The Illinois Legislature adopted the Mental Health and Developmental Disabilities Confidentiality Act in 1979 to protect the confidentiality of mental health treatment records and communications.The Illinois Supreme Court acknowledged the importance of confidential mental health treatment in the case of D.C. v. S.A., and family law attorneys and child advocates should be familiar with the Act, particularly when it comes to examining best-interest factors for child-related issues under the IMDMA.
The Impact of In Re Marriage of Tronsrue on the Equitable Division of Certain Federal Pensions and PaymentsBy Judge Arnold F. Blockman, (ret.)Family Law, June 2026There are certain federal pension and other payments that by federal statute and federal law are not divisible by state courts in family law proceedings, including military disability retirement payments, V.A. disability pensions, social security benefits, certain railroad retirement benefits, and other payments. However, the Illinois Supreme Court analyzes this issue in In re Marriage of Tronsrue, 2025 IL 130596.
Motion to Adjourn…PermanentlyBy Staci BalbirerFamily Law, June 2026Closing remarks from the outgoing Chair of the Family Law Section Council for the 2025-2026 bar year.
Chair ColumnBy Staci BalbirerFamily Law, May 2026Learn more about the new incoming Chair of the Family Law Section Council, Matthew Benson!
Changes Are A-Coming: SB3524 Child Support ChangesBy Nancy Chausow ShaferFamily Law, May 2026Child support disputes have often been dominated by "the Cliff," or the change in child support if the parenting time of each parent is at least 146 overnights. SB3524 would alter the current child support landscape, by providing additional adjustments for 110 to 146 overnights.
Federal Student Aid Changes Effective January 1, 2026: Consequences for Family Law ClientsBy Rebecca Berlin MelzerFamily Law, May 2026The One Big Beautiful Bill Act's changes to federal student borrowing may have significant impacts on clients relating to contribution to secondary educational expenses under section 513 of the IMDMA. Without additional federal borrowing, true out-of-pocket costs to families are increasing. It is imperative that clients understand the changes, to be able to make more informed decisions on the selection of school based on the child’s and parents’ resources given the new borrowing limits.
The Illinois Supreme Court Wants Parents to Resolve Parenting DisputesBy Sandra Crawford, J.D.Rural Practice, May 2026Mediation is a requirement when parents are involved in a parenting allocation dispute. The sooner that you explain this requirement to clients, as well as the benefits of mediation, the less clients will feel defeated or caught off guard when a court inevitably orders the parties in a parental allocation matter to mediation.
Emergency Parental Responsibility RemediesBy Dana JakuszFamily Law, April 2026An exploration of the relationship between the IMDMA and the Illinois Domestic Violence Act, focusing on how each statute can be utilized to restrict parental responsibilities. A divergence between the two acts arises when considering the permanency of restrictions under each act.
The Illinois Supreme Court Wants Parents To Resolve Parenting DisputesBy Sandra Crawford, J.D.Family Law, April 2026Mediation is a requirement when parents are involved in a parenting allocation dispute. The sooner that you explain this requirement to clients, as well as the benefits of mediation, the less clients will feel defeated or caught off guard when a court inevitably orders the parties in a parental allocation matter to mediation.
Preparing Your Clients for Court Ordered Mediation and Interviews With the Guardian ad LitemBy Laura MiroballiFamily Law, April 2026Be sure to educate your clients about the purpose, role, and scope of Guardian ad Litems and mediators. Not only does this allow your client to feel more secure and educated going into the initial meeting, but the sessions can be more productive if the Guardian ad Litem or mediator does not have to waste time educating the client on the purpose of the meeting.
Chair’s ColumnBy Staci BalbirerFamily Law, March 2026Budgeting before, during, and after divorce: a roadmap for you and your clients.
Illinois Court Jurisdiction in Allocation Cases: When Does It End?By Matthew A. KirshFamily Law, March 2026While not as obvious as you might think, it does seem that a court in the state of Illinois only has jurisdiction over a child for purposes of allocation issues until the child turns 18.
Illinois Family-Lawyers Ethical Obligation to Our Clients’ ChildrenBy Sandra Crawford, J.D.Family Law, March 2026While Illinois attorneys may not have an explicit ethical duty to protect a client's child, ethical rules governing an attorney's behavior establish responsibilities to promote, safeguard, and avoid harm to children involved in family law matters.
Restriction of Parental ResponsibilitiesBy Judge Maureen SchuetteFamily Law, March 2026An overview of the statutes, legal standards, and necessary language to include in orders to restrict parental responsibilities from the perspective of a sitting judge.
Chair ColumnBy Staci BalbirerFamily Law, February 2026A note from the Chair of the ISBA Family Law Section Council.
GAL Lists Across CircuitsBy Amy SchellekensFamily Law, February 2026Even though the Illinois Supreme Court has a rule that specifically governs GAL qualifications, many circuits throughout the State of Illinois have adopted their own rules regarding GAL appointments. The differences between each circuit may pose difficulties in enacting the reciprocity requirement of Supreme Court Rule 906.
Putting the Cart Before the Divorce: Pre-Decree Relocation Under 750 ILCS 5/603.5 and 5/609By John P.M. PeskindFamily Law, February 2026The relocation statute presumes that an Allocation Judgment has already been entered in a matter; however, family law practitioners know that seeking relocation during the pendency of a proceeding is sometimes necessary. If, after considering the potential impact of a relocation on the non-relocating parent, a court finds that a relocation would serve the children’s best interest—then the children should relocate. It is difficult to see why the pre- or post-decree status of the case should have any bearing on this analysis.
Chair ColumnBy Staci BalbirerFamily Law, January 2026A note from the Chair of the Family Law Section Council.
Deviation From Maintenance Guidelines Is Supported With Sufficient FindingsBy Christopher W. BohlenFamily Law, January 2026When dealing with a deviation from guideline maintenance, the court must make specific findings as to the amount and duration of non-guideline maintenance, as well as justify why the court chose to depart from guidelines.
The Pre-Trial Conference in Family Law: Why It Matters, How It Works, and How To Make It BetterBy Hon. Bernadette Barrett & Rhonda J. ThompsonFamily Law, January 2026Pre-trial conferences are an integral part of family law, built into the statutes that govern domestic relations matters. Judges and attorneys can take steps to ensure that pre-trials are as successful as possible in protecting children, resolving financial issues fairly, and reducing the collateral damage of litigation.
Chair Column: Midyear UpdateBy Staci BalbirerFamily Law, December 2025A note from the chair of the Family Law Section Council.
