The Value of a Narrative Response in Family Law CasesBy Judge James A. Shapiro & Adam R. HeusinkveldFamily Law, January 2024The failure of many family law practitioners to appreciate the distinction between pleadings and motions results in the common practice of using the “admit/deny” format in responding to motions.
Constructive Direct Criminal Contempt and Remote ProceedingsBy James HanauerFamily Law, December 2023With remote court proceedings looking like they are here to stay in some fashion with most jurisdictions, it may be important to be able to identify and know the elements and procedures for constructive direct criminal contempt.
A ‘How-to’ on Challenging PaternityBy Staci BalbirerFamily Law, December 2023While you may typically be retained on a parentage matter to establish paternity, it is important to know the steps to take if you are retained to challenge paternity.
The Value of a Narrative Response in Family Law CasesBy Judge James A. Shapiro & Adam R. HeusinkveldBench and Bar, December 2023In domestic relations matters, many practitioners follow practice conventions that defy statutory rules governing pleading in civil matters and forgo the opportunity to educate the court by providing written argument and citation to case law in support of legal positions—most often, this occurs in the context of responding to motions.
Lists of Do’s and Don’ts for ClientsBy Elizabeth WakemanFamily Law, July 2023Two lists to share with clients to make divorce and parenting agreement settlements as cooperative, quick, and inexpensive as possible.
How ‘Resident, Continuing, and Conjugal’ Must It Be?By Ron A. CohenFamily Law, June 2023An analysis of 750 ILCS 5/510(c), which terminates the obligation to pay future maintenance “if the party receiving maintenance cohabits with another person on a resident, continuing, conjugal basis.”
Bankruptcy + DivorceBy Stephanie L. TangFamily Law, May 2023It is important for practitioners to understand what types of matters are exempt from the automatic stay under the Bankruptcy Code.
Can I Terminate My Ex’s Parental Rights?By Kathleen M. KraftFamily Law, May 2023Most family lawyers have been asked by clients how they can terminate the other parent’s parental rights. The answer, of course, is only through adoption or a juvenile court proceeding.
Cryptocurrency and DissipationBy Tanya WittFamily Law, February 2023Due to the nature of digital assets and cryptocurrency exchanges, dissipation claims will likely become a key issue in divorces involving these types of investments.
Language Matters: Timeliness of Enforcing JudgmentsBy Rebecca MelzerFamily Law, February 2023With so many divorce cases being resolved by entering into a marital settlement agreement, practitioners should strive to help ensure that the agreement is enforced.
The Ethics of Representing ChildrenBy Lisa M. NyuliFamily Law, January 2023How attorneys represent children's interests under the Illinois Marriage and Dissolution of Marriage Act can impact families for years to come.
Musings of a Mediator: 15 Years LaterBy Christopher BohlenFamily Law, January 2023When Illinois Supreme Court Rule 905 was created, it gave a deadline to circuit courts to create rules for mandatory mediation of child issues in dissolution and parentage cases.
Rogers: A Different Perspective of Income and Double CountingBy James HanauerFamily Law, December 2022For years, the courts have struggled with the issue of allocating an asset as property and then calling the same asset income for purposes of child support and/or maintenance calculations.
When a Disability Benefit Is Actually a Pension in DisguiseBy Michael StraussFamily Law, December 2022Illinois courts are now unified in holding that they are to be treated the same if a party was ordered to divide their pension before the disability occurred.
Can Child Representatives and Guardians Ad Litem Disgorge Fees From Either Party’s Counsel?By Agnes Olechno & Molly KirshFamily Law, November 2022If you have ever been appointed as guardian ad litem or child representative in a domestic relations matter, you have probably had at least one case where one or both parents say they have no funds to pay their outstanding balance with your office, but they have now retained their fourth or fifth attorney to whom they have paid another retainer.
Using IEPs in Allocating Decision Making and Parenting TimeBy Marilyn Longwell & Dr. Gerald BlechmanFamily Law, November 2022Individual Education Plans include test results and anecdotal comments about a student’s abilities, performance, and behavior in school. In addition to assisting educators determine the child's needs, they can be considered when resolving issues such as parenting time and decision making when parents are divorcing or separating.
