Section Newsletters

Articles on Family Law

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 & 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 & 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.
Family law returns to jury trials By Harry Schaffner Family Law, December 2002 A new decision of the Fifth District Appellate Court heralds the dawn of a new age, when family law practitioners return to jury trial practice.
Lawyer’s duty to discover hidden assets By Harry Schaffner Family Law, December 2002 A recent appellate court case, Fox v. Melvyn Berks, decided by the First District, First Division, August 19, 2002 (1-01-0558), addresses the duty of an attorney to discover concealed assets.
Preparing your client for “the” evaluation By Rory Weiler Family Law, December 2002 The parties in many divorce cases initially dispute custody of the children. Fortunately, these disputes are most often resolved through the efforts of counsel and the court by the use of the mediation process.
Review of selected 2002 FMLA cases By Alisa B. Arnoff Labor and Employment Law, December 2002 Scamihorn v. General Truck Drivers, Office, Food & Warehouse Union, 282 F.3d 1078 (9th Cir. 3/4): Summary judgment for employer denied where genuine issues of material fact existed concerning whether employee's father was capable of self-care and of doing his essential job functions.
Collaborative lawyering By Richard Kulerski Family Law, November 2002 Collaborative law is our newest dispute resolution model. It is not limited to any area of practice but is clearly rooted in family law.
The future of grandparent visitation post-Wickham v. Byrne By Michael K. Goldberg General Practice, Solo, and Small Firm, November 2002 Now that the Illinois Grandparent Visitation Act, 750 ILCS 5/607 (b) (1) and (3), has been held facially unconstitutional by the Illinois Supreme Court in the case of Wickham v. Byrne, 99 Ill. 2d 309; 769 N.E.2d 1, there has been much debate as to how (or indeed if) a new third-party visitation statute should be drafted.
ISBA sets ADR program for midyear meeting By Hon. Michael S. Jordan Family Law, November 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench and Bar Section Council, the Civil Practice and Procedure Section Council, and the Family Law Section Council set for Thursday, December 12, 2002 from 2 p.m. to 5 p.m. at the Chicago Sheridan Hotel during the midyear meeting.
The Richman Report: Similar facts, different result Family Law, November 2002 Not too long ago, an IRS Field Service Report dated July 29, 1999 made us stop and think carefully before transferring nonqualified stock options in a divorce situation.
The Illinois Abused and Neglected Child Reporting Act: Immunity from liability By William Wu Family Law, August 2002 Many family law practitioners are aware of 325 ILCS 5, otherwise known as the Illinois Abused and Neglected Child Reporting Act (The Act). 325 Ill. Comp. Stat. § 5 (2002).
Divorce law issues: General Practice, Solo, and Small Firm, June 2002 In 1991, the Illinois Supreme Court in In re Marriage of Zells (1991), 143 Ill.2d 251, 157 Ill.Dec. 480, 572 N.E.2d 944, addressed the issue of the division of the goodwill value of a law practice in a dissolution of marriage proceeding.
Editor’s column Family Law, June 2002 Our fifth issue includes articles on using exhibits for maximum impact, the art of forum protection, pet custody and a summary of the latest case requiring consideration of a new payee's spouse's income and assets under Sections 504, 505 and 513 of the Illinois Marriage and Dissolution of Marriage Act.
Fencing and the art of forum protection By Margaret C. Benson & M. Lee Witte Family Law, June 2002 Fencing (with weapons, not merchandise) is a classic sport that requires agility, strength and quickness.
Pet custody: the new frontier in family law By Roza Gossage Family Law, June 2002 If we had been practicing family law for more than a few years, we all have had the issue of who gets the dog, cat or bird in the divorce.
Summary: In re Marriage of Street court must consider income and assets of payee’s new spouse By David N. Schaffer Family Law, June 2002 In Re Marriage of Street, 325 Ill. App.3d 108, 756 N.E. 2d 887 (3rd Dist. 2001), is one of a trend of cases that permit the court to look at the income and assets of a new spouse when considering support awards or modifications thereof.
Using exhibits for maximum impact By Edward R. Jordan Family Law, June 2002 We have all tried family law cases at one time or another. And in each of our trials, exhibits of one form or another have been used to persuade the trier of fact on some issue in the case.
Observations of a central Illinois guardian ad litem By Anthony P. Corsentino Family Law, May 2002 Recently, the Illinois Legislature amended the Dissolution of Marriage Act to provide for a child's representative in custody and visitation matters pending in Illinois court.
Editor’s column Family Law, April 2002 We hope you enjoy this issue which includes articles on the latest parentage cases, recovering fees for fee litigation and in camera interviews of children.
In camera interview of a child By Roza Gossage Family Law, April 2002 The court is authorized to to interview a child in chambers pursuant to section 604(a) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/604(a):
“Is this all I get?” or are we really achieving an equitable apportionment of marital property By Burton A. Gross Family Law, April 2002 Does the way we apportion property in Illinois comport with the reasonable expectations of parties who enter into a marital relationship?

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