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2010 Articles

Attorney fees: Avoiding pitfalls to preserve the right of contribution By Douglas B. Warlick August 2010 Warning: An attorney's bad business decisions may affect his or her ability to recover fees from the opposing party.
Capital loss carry forwards: Valuation and equitable distribution By Michael DiDomenico September 2010 In the current market, divorce practitioners must increasingly consider capital loss carry forwards and the question of whether they constitute marital property.
Chair’s column By Rory Weiler December 2010 Communication with our clients is the best way of assuaging our client’s concerns and easing their fears, and symbiotically, just good marketing of your practice.
Chair’s column By Rory Weiler September 2010 A message from Chair Rory Weiler.
Chair’s column By Rory Weiler August 2010 A summary of what Family Law Section members can expect in the coming year, from new Chair Rory Weiler.
Editor’s note By Matthew A. Kirsh May 2010 An introduction to this issue from Editor Matthew Kirsh.
Family law practitioner or jack of all trades? By Ross S. Levey April 2010 Those who practice family law must also be prepared to understand issues in every area of the law.
Filing for divorce before residing in the state for 90 days By Jon D. McLaughlin & Alexander E. Preller December 2010 The author makes the case that a petitioner may file a petition immediately after establishing residency in Illinois, without waiting for 90 days to pass.
Outgoing Chair’s column By Ross S. Levey August 2010 A farewell note from 2009-2010 Chair Ross S. Levey.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality Act By Rory Weiler 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.
Property acquired in contemplation of marriage By Thomas A. Else February 2010 In deciding whether property is marital or non-marital for purposes of allocation and division under the terms of the Illinois Marriage and Dissolution of Marriage Act, the statute itself is sometimes less than helpful.
Recent amendment to Supreme Court Rule 304(b) and its impact on family law cases By Hon. Edward R. Jordan & Hon. Mary Jane Theis May 2010 Two judicial perspectives of how the recently adopted Supreme Court Rule 922 will affect custody cases.
Supreme Court Rule 191 By Hon. Pamela E. Loza April 2010 Rule 191 pertains only to Motions for Summary Judgment, Motion for Involuntary dismissal based upon certain defects or defenses, and Motions to Objection of Jurisdiction Over the Person, and defines the requirements for the affidavits which must accompany the responses to those motions.
Visitation standards in parentage vs. dissolution cases: Any difference? By Thomas A. Else December 2010 The question of who has the burden of proof with respect to visitation, and what standard to apply, depends on whether the action is brought in a dissolution of marriage action, or a paternity case, and in what appellate district the case is located.
When does representation end? By Gary Schlesinger April 2010 Often, notice of a new court proceeding is given to the previous attorney and not to the previous party. But is that notice sufficient?
Who is going to pay for college? By Kelli E. Gordon August 2010 College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
Who’s your daddy? Challenges to voluntary acknowledgments of paternity By Joan Scott September 2010 The VAP has the full force and effect of a judgment and provides a basis for seeking child support without further proceedings to establish paternity. After the presumption of paternity created by a VAP becomes conclusive, ratification of paternity in a judicial proceedings is neither required nor permitted.