The $6,200 Question: What Changed Before Separation?Family Law, October 2026Consider a hypothetical matter with 15 months of bank statements. For the first 12 months, one spouse withdrew an average of $350 a month in cash. In the three months before separation, when the marriage was already breaking down, 11 withdrawals totaled $7,250. At the historical pace, those withdrawals would have totaled about $1,050, a difference of $6,200.
The Act That Couldn’tBy Ron A. CohenFamily Law, October 2026Was it the intention of the legislature to place non-minor children with disabilities in legal limbo? In re Marriage of Casarotto says that a circuit court acting under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) lacks subject matter jurisdiction to order visitation between a disabled adult child and a parent, consensual or otherwise.
Commingling and Transmutation: The Conduit DilemmaBy Amy K. AndersonFamily Law, October 2026As family law practitioners, commingling is, for some of us, one of our favorite gray areas. For others, it is a thorn in our side. Regardless on which side you land, proving a party commingled their non-marital property into the marital estate is often somewhat simple. However, proving the non-marital property became marital property or was gifted to the marital estate is more difficult.
Five Recommended Steps to the Quickest Possible Release From Detention at a State-Operated Mental Health Facility in IllinoisFamily Law, October 2026If you do not want to speak to staff, your lawyer can present the documents and witnesses (although that may leave the psychiatrist with less evidence for release—remember you need these guys on your side). Ideally, you want the psychiatrist and the facility director to decide on their own that they simply do not need or want to detain you any longer. This is much better than subtly or overtly threatening to sue, which should remain a last (if any) resort.
Giving Back: How Attorneys Shape Pro Bono and the Impact of VolunteeringBy Saffron Mears & Andrea SchraderFamily Law, October 2026The self-represented litigant, or an individual navigating the court system without the assistance of a licensed attorney, is found in many courtrooms. Family law issues continue to have one of the highest percentages of self-represented litigants.
When Horrible Feels NormalBy Matthew BensonFamily Law, October 2026This month’s column will be short and not especially sweet. The nature of the practice of family law means dealing with people at some of the most difficult times of their lives.
Are Civil Petitions for Rule to Show Cause Filed in Domestic Relations Matters Pleadings or Motions?By Judge James A. Shapiro, Judge Mitchell B. Goldberg, & Alison RimkusFamily Law, September 2026Correctly determining whether a court filing is a pleading or motion can have profound implications on the appropriateness of the responsive filing. A serious review of the differences between pleadings and motions and an understanding of the specific requirements of Petitions for Rule and the considerations involved in civil contempt, makes clear that Petitions for Rule are motions; they are not pleadings and, thus, not subject to dispositive motion practice.
Detinue: A Remedy for Recovering Personal Property in Illinois When an Unmarried Ex Won’t Return the Dog! (Or Other Belongings)By Kelli E. GordonFamily Law, September 2026Dealing with family law matters that may involve contentious personal property issues necessitates knowing the difference between detinue and replevin actions. To bring a detinue claim, be sure to identify property with specificity, gather evidence of superior possessory right, make formal demand, file verified complaint, and be prepared to prove value.
Effective Email Etiquette for EsquiresBy Matthew BensonFamily Law, September 2026With digital communication becoming a necessary component of the practice of law, be sure you are representing yourself in a formal, professional way.
From 146 to 110: Public Act 104-0733 and Illinois’ New Shared-Care Child-Support RegimeBy Steve RakowskiFamily Law, September 2026On July 31, 2026, Illinois enacted Public Act 104-0733, effective January 1, 2027, amending sections 505 and 510 of the Illinois Marriage and Dissolution of Marriage Act, and making five changes of immediate importance to family-law practitioners: it lowers the shared-care threshold, introduces “overnight equivalents,” expands the minimum-support category, creates a detailed incarceration procedure, and requires annual exchanges of income information.
Revisiting Supreme Court Rule 274: When to Reconsider Filing That Motion to ReconsiderBy Annette FernholzFamily Law, September 2026A trial court’s ruling is supposed to bring a conclusion to the parties’ litigation. Then comes a flurry of post-trial motions. When does the litigation end? Creating a termination of post judgment litigation was the purpose behind the adoption of Supreme Court Rule 274 in 2005. Succinctly put, Rule 274 limits successive post judgment motions and permits each party one post-trial motion directed at a judgment with strict deadlines for filing.
Boundaries AKA How to Survive the Practice of Family LawBy Matthew BensonFamily Law, August 2026This edition of the Chair's Column discusses the importance of setting boundaries in family law and offers a few ideas of how to set your boundaries in your own practice.
Termination of Maintenance: 750 ILCS 5/510(c)By Judge Pamela E. Loza & Zoe MeadeFamily Law, August 2026When may a court terminate a maintenance obligation, and how do courts determine whether a recipient spouse is cohabiting with another person on a resident, continuing, and conjugal basis under the Illinois Marriage and Dissolution of Marriage Act?
The Trial Files: What Judges Want You to Know About Family Law TrialsBy Lisa M. NyuliFamily Law, August 2026Family law trials are won by attorneys who present the case in the way judges want: by clearly identifying the issues, presenting admissible evidence, credible witnesses, and an organized path from facts to the requested relief. Remember, this is not a jury trial—you are persuading one person—your judge.
Wearable AI Note-Takers: What Illinois Lawyers Should Know Before Pressing RecordBy Elizabeth WakemanFamily Law, August 2026A new category of hardware has arrived in conference rooms, client meetings, and mediation sessions: the wearable AI note-taker. These are pendants, clips, glasses, bracelets, and pins that record ambient conversation, push the audio to a cloud service, and return a transcript, a summary, and a list of action items. For a lawyer who has ever tried to take usable notes while maintaining eye contact with a crying client, the appeal is obvious.
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.
