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Articles on Divorce

The demise of Drews: The right of a guardian to file for divorce on behalf of a ward By Margaret C. Benson Elder Law, February 2013 On October 4, 2012 the Illinois Supreme Court finally removed In re Marriage of Drews from life support by overturning the nearly 26-year-old opinion.
New power for guardians of the disabled—Filing for dissolution of marriage By Marilyn Longwell & Aurelija Juska Family Law, December 2012 Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
Guardian may seek permission for dissolution of marriage By Robert T. Park Civil Practice and Procedure, October 2012 In Karbin v. Karbin, the Illinois Supreme Court reversed its prior precedent and held that a guardian may request court permission to seek dissolution of the ward’s marriage.
More thoughts on how not to mess up a divorce case By Marilyn Longwell Family Law, February 2012 The author provides some pointers keep in mind to help negotiate the thicket of legal and emotional turmoil involved in handling a divorce case.
Reminder: Reliance on financial disclosure statement does not equal due diligence By Elizabeth A. Teague Family Law, February 2012 After the decision by the First District Appellate Court in Goldsmith v. Goldsmith, all family law practitioners need to be wary of forgoing formal discovery.
A case law overview for child custody disputes in civil union dissolutions By Sean McCumber Child Law, November 2011  A brief case law overview of custody and visitation issues for non-biological parents.
College expense contributions by divorced parents: Reservations about reservation provisions By Cecilia Hynes Griffin & Scott P. Kramer Family Law, November 2011 Courts do not always require divorcing parties to expressly allocate the cost of their children’s college expenses between themselves upon termination of their marriage. Rather, the issue of each party’s respective obligation to contribute to their children’s college expenses is instead often “reserved” for future determination pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Given the popularity of these reservation provisions in divorce decrees, family law practitioners must understand the ramifications of these provisions, and how to best convert the “reservation” into actual college expense contributions.
Yes, you have two husbands By Angela Peters Family Law, November 2011 Getting a divorce overseas is not a problem or something you should necessarily avoid, but be aware of the jurisdiction.
Modest suggestions on how not to mess up a divorce case: Part I By Marilyn Longwell Family Law, October 2011 The author provides seven rules to help keep your sanity during a domestic relations case.
1 comment (Most recent October 6, 2011)
A judicial perspective on the welfare of pets in dissolution cases By Hon. Edward R. Jordan Animal Law, September 2011 Judge Edward R. Jordan argues that careful application of current law in dissolution cases "is more than sufficient to guarantee fundamental fairness for a pet and its guardians."
Why it is appropriate for the New Jersey decisional law rationale to the ‘welfare of pets in dissolution cases’ to be adopted by Illinois courts? By Shannon Burke Animal Law, September 2011 The rationale in Houseman v. Dare—that courts are already sufficiently equipped to address ownership and possession of pets—is equally applicable in Illinois.
Divorce among professional women By Karen M. Pinkert-Lieb Women and the Law, April 2011 Not only are professional women more likely to get divorced, but the number of women paying alimony has almost doubled since the late 90s. Here are some tips to help protect yourself in the event of a divorce.
Reasonable compensation: A key issue in marital dissolution By Christopher P. Casey & Justin L. Cherfoli Family Law, April 2011 Assessing the reasonableness of owner’s compensation is a critical determination in marital dissolution proceedings.
Illinois has three requirements to be legally married. However, a party can be married without demonstrating all three By Kimberly J. Anderson Family Law, March 2011 Illinois is very clear in its requirements for a binding marriage: A person is required to purchase a marriage license, the marriage has to be solemnized and it must be registered.
3 comments (Most recent March 15, 2011)
Interfaith issues in divorce mediation By Whitney Rhew Alternative Dispute Resolution, March 2011 The case of Reyes v. Shapiro calls into question the court system’s ability to prohibit a parent from instilling values and beliefs into his or her child.
Best interests and presumptions circa 2011 By Elizabeth Chacko Child Law, February 2011 While the courts now utilize the best interests of the children standard when determining custody, the age and sex of the children and the sex of the party can be a factor considered by the courts in determining custody. But to what extent and how much emphasis should the court place on this factor?
Parenting time in Illinois: The trend towards equal time By Mark Simons Child Law, February 2011 Restraint should be used when negotiating and entering split-time parenting time orders.
Filing for divorce before residing in the state for 90 days By Jon D. McLaughlin & Alexander E. Preller Family Law, 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.
1 comment (Most recent December 22, 2010)
Divorce support groups for women offer numerous benefits By Linda A. Lucatorto Women and the Law, November 2010 Divorce is a life-altering change that inspires powerful emotions and new decisions. A support group can be a source of comfort through those difficult challenges.
Rules for being a good divorce client, from an attorney who’s been there, done that… By Amie M. Simpson Women and the Law, October 2010 10 simple rules of behavior that author and divorce attorney Amie Simpson encourages her clients to follow at the outset of representation.
2 comments (Most recent October 28, 2010)
Life insurance litigation post-divorce: Easy to avoid, commonly neglected By Lauren J. Wolven & Ashley Crettol Trusts and Estates, August 2010 Even if a valid waiver is included in the divorce decree, practitioners should also impress upon their clients the importance of changing their beneficiary designations.
1 comment (Most recent August 12, 2010)
Property acquired in contemplation of marriage By Thomas A. Else Family Law, 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.
1 comment (Most recent February 19, 2010)
Divorce, Deportation, and Disciplinary Complaints: Avoiding Immigration Pitfalls in Family Law By Macarena Tamayo-Calabrese International and Immigration Law, November 2009 The ISBA’s International and Immigration Law Section, in conjunction with the Family Law Section and the Section of Human Rights, will be presenting a Continuing Legal Education (CLE) class on March 26, 2010.
Take the house but the dog is mine: Anecdotal ‘tails’ about pet custody issues in divorce By Angela Peters Family Law, November 2009 The first of a two-part series discussing pet custody issues.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven Elder Law, October 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
Alimony in lieu of property By David H. Hopkins Family Law, June 2009 Especially with the United States economy as it is, lack of liquidity is a common reality; and, in some such cases, the would-be property transferor may prefer to draw on future income so as to effect a “buy-out” of marital property claims.
Practice trap: It ain’t over ‘til it’s over (Did the Supreme Court decision in Best really make a difference?) By Douglas B. Warlick Family Law, June 2009 Essentially, a party seeks a declaratory judgment to determine if certain property rights within a dissolution action will be governed by statute or be construed pursuant to a contract between the parties.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven Family Law, June 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
Strategic planning in divorce By Tom T. Field Trusts and Estates, April 2009  This article is designed to get estate planners on par with some of the thought processes and strategies used by matrimonial attorneys during this economic crisis.
Districts diverge on life insurance as security for maintenance By Jan R. Kowalski Family Law, February 2009 In the Fourth District, courts are able to order life-insurance as security; but, in the Second and Third District, courts are not.

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