The Illinois Religious Freedom Protection and Civil Union ActBy Richard A. WilsonDiversity Leadership Council, June 2011When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.
Signing a Voluntary Acknowledgement of Paternity is not fatalBy Rebecca E. CahanYoung Lawyers Division, June 2011It is our job and duty as lawyers to make sure we know the law and ask the right questions to determine whether a voluntary acknowledgment of paternity may be challenged on the grounds of fraud, duress, or material mistake of fact.
Who is going to pay for college?By Kelli E. GordonFamily Law, August 2010College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
New senior minefield: The DRA comes to IllinoisElder Law, June 2010The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Dischargeability of child representative and guardian ad litem fees in bankruptcyBy Arthur W. RummlerChild Law, March 2010This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality ActBy Rory WeilerFamily Law, February 2010One 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 lawyersBy Marilyn LongwellFamily Law, November 2009It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Family law returns to jury trialsBy Harry SchaffnerFamily Law, December 2002A 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 assetsBy Harry SchaffnerFamily Law, December 2002A 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” evaluationBy Rory WeilerFamily Law, December 2002The 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 casesBy Alisa B. ArnoffLabor and Employment Law, December 2002Scamihorn 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 lawyeringBy Richard KulerskiFamily Law, November 2002Collaborative 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. ByrneBy Michael K. GoldbergGeneral Practice, Solo, and Small Firm, November 2002Now 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 meetingBy Hon. Michael S. JordanFamily Law, November 2002The 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 resultFamily Law, November 2002Not 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.
Divorce law issues:General Practice, Solo, and Small Firm, June 2002In 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 columnFamily Law, June 2002Our 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 protectionBy Margaret C. Benson & M. Lee WitteFamily Law, June 2002Fencing (with weapons, not merchandise) is a classic sport that requires agility, strength and quickness.
