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Articles on Divorce

In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner Animal Law, May 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
Why the date we file a petition for dissolution of marriage just became Important By Staci Balbirer Family Law, May 2016 Clients need to understand that there can be a financially beneficial time to file for divorce, or to the contrary, to stay married.
The guardian’s role in maintaining and initiating dissolution proceedings By Sarah LeRose & Marisa Cipolla Trusts and Estates, March 2016 In 2015, the First District considered the issue of whether a non-guardian spouse has standing to participate at the best interests hearing to determine if dissolution of marriage is in the ward’s best interests.
In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner Family Law, March 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
Disgorgement of fees ordered in In re Marriage of Squire By Michele M. Jochner Family Law, February 2016 In In re Marriage of Squire, the Appellate Court affirmed a disgorgement order requiring the wife’s attorneys to pay $60,000 to the husband’s attorneys, even though the wife had borrowed funds from her mother to pay her own fees, and the husband was gainfully employed.
1 comment (Most recent February 15, 2016)
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Alternative Dispute Resolution, January 2016 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Family Law, December 2015 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
Advance preparation helps minimize future risks to business owners in a divorce By Michele M. Jochner Family Law, November 2015 If a spouse acquires a business interest during the marriage, that interest will likely be characterized as a marital asset subject to equitable distribution at the time of the dissolution. If proper planning has not occurred, this turn of events can have a disastrous impact on all of the shareholders or partners, not limited only to the person getting a divorce.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Women and the Law, November 2015 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
Appellate court affirms exclusion of subchapter S corporation retained earnings from majority shareholder’s child support calculation and describes relevant factors By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, September 2015 In In re Marriage of Deepalakshmi Moorthy and Channa Mallik Arjuna, the Appellate Court affirmed exclusion of subchapter S corporation earnings from a majority shareholder’s income for purposes of child support, and articulated the relevant factors for consideration by the Court in its analysis.
The world keeps changing—Or does history repeat itself? By Carl R. Draper General Practice, Solo, and Small Firm, September 2015 A look at the recent developments regarding palimony.
1 comment (Most recent September 16, 2015)
Dividing railroad retirement benefits in divorce By Lisa M. Nyuli Family Law, August 2015 A look at the recent case of IRMO L. Bruce Frank and Shirley A. Frank.
Guard and Reserve pensions on the day of divorce: Part one By Mark E. Sullivan Family Law, May 2015 Answers to the most common questions regarding the pensions of National Guard and Reserve members.
Hidden money in military divorce cases By Mark E. Sullivan Family Law, April 2015 Questions and answers for those dealing in military divorces.
Maintenance in Illinois divorce litigation By Van-Lear Eckert General Practice, Solo, and Small Firm, April 2015 As of January 1, 2015 the Illinois maintenance statute was revised and the amount and duration of maintenance was defined.
What happens to companion animals when their masters’ marriages go to the dogs? By Amy Brammell Animal Law, April 2015 A general overview of companion animal custody following divorce or formal separation.
Transmutation: Muddled assets shouldn’t lead to muddled evidence presentation By Chuck Roberts & William S. Thayer Family Law, December 2014 As the decision in In re Marriage of Foster most recently illustrated, transmutation cases deal with blurred lines and muddled areas. If the analysis and evidence presented to the court is not clear, then it can cost clients significantly.
Defending against SBP in divorce By Mark E. Sullivan Family Law, November 2014 Strategies to prevent a soon-to-be-former spouse from getting coverage under a servicemember's Survivor Benefit Plan.
New spousal support guidelines for divorcing couples in Illinois By David H. Hopkins Family Law, October 2014 Even when facts and circumstances are remarkably similar, maintenance awards have varied widely and unpredictably. Recognizing this, in 2009 the Illinois State Bar Association’s Family Law Section Council began intensively analyzing the various issues.
Bankruptcy, divorce and judicial estoppel By James Hanauer Family Law, August 2014 What should you do when a spouse files a petition for bankruptcy during a divorce proceeding?
Co-owner or creditor? That is the question when dividing a marital public pension By Hon. Mark J. Lopez Family Law, August 2014 The Circuit Court of Cook County - Domestic Relations Division recently determined in a post-decree order that members of a public pension can be ordered to execute a consent to QILDRO.
The practical implications of In Re Marriage Of Mathis: A view from the battlefield By Hon. Arnold F. Blockman Family Law, June 2014 A look at the practical difficulties created by the Mathis decision for both lawyers and trial courts.
The putative spouse By Robin R. Miller & Elizabeth Sietsema Family Law, March 2014 With more and more divorces involving foreign nation or cultural marriages, the putative spouse statute can be a useful tool in enhancing a client’s award of property or maintenance or both.
Child’s wishes under the IMDMA By Jon D. McLaughlin Child Law, February 2014 While a court should consider the preferences of the child in awarding custody, a court is not bound by that preference.
Exclusive possession under the IMDMA and IDVA By Jon D. McLaughlin Child Law, February 2014 The two statutes that a party may proceed under, the IMDMA and the IDVA, hold parties to different standards, and it may turn out that you are using the wrong statute for some of your cases.
Movie review: “Divorce Corp” By Hon. Jeanne M. Reynolds Family Law, January 2014 Section Council member Judge Jeanne Reynolds gives her opinion of the documentary film.
1 comment (Most recent April 28, 2014)
Pet provisions in marital settlement agreements By Angela Peters Family Law, November 2013 A helpful guide to drafting pet agreements.
1 comment (Most recent November 27, 2013)
Conscious divorce: The conscious lawyers and collaborative practice By Sandra Crawford Family Law, October 2013 It often goes without saying that family lawyers deal with significant trauma and distress on a daily basis. Becoming and remaining conscious of the impact of the stress on one’s own life is critical.
Post-majority support for education in Illinois By Jennifer Wood Child Law, August 2013 While support for college expenses is regularly included in a Judgment for Dissolution, Illinois case law is inconsistent regarding the correct measure of a parent’s financial obligations.
Is failure to file a lis pendens at the outset of a divorce case considered malpractice? By Lindsay C. Stella Women and the Law, May 2013 Every family law attorney heeds warning when the word “malpractice” is uttered. We all know the fundamentals of malpractice in our respective fields, and we do our best to stay current on new law by attending an assortment of continuing legal education courses to protect against that malignant word. Inevitably, smaller items sometimes slip through the cracks. Filing of a lis pendens at the outset of a divorce case, through some not so recent case law, has proven itself to be one of those generally disregarded smaller items.
1 comment (Most recent May 22, 2013)

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