Family Law

The newsletter of ISBA’s Section on Family Law

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2016 Articles

Location, location, location: All you really need to know about disgorgement of fees By Rory T. Weiler December 2016 In light of the difference of opinion between the First and Second District, practitioners in those two districts will find that the answer to the question of whether disgorgement is available depends principally upon where the divorce case is filed.
Military pension division and the 2017 radical rewrite By Mark E. Sullivan August 2016 A new nationwide standard would overrule pension division requirements in all but half a dozen states. Here are some questions to clarify the issues and the problems.
Never say never—Just almost never: Equitable defenses to back child support claims By Marilyn Longwell & Anne L. Mueller October 2016 However sympathetic your prospective client may seem, be cautious in taking on claims for child support arrearages unless your client has a strong defense of equitable estoppel.
New study finds seasonal increases in divorce By Michele M. Jochner October 2016 A recent study conducted by sociologists at the University of Washington has revealed a fall seasonal occurrence: an increase in filings for divorce.
2 comments (Most recent November 2, 2016)
Parties must now file parenting plans even in the slightest modification proceedings By Michael M. Shemkus October 2016 Recent revisions to the Illinois Marriage and Dissolution of Marriage Act and Illinois Supreme Court Rules now require that a statutory parenting plan be filed even for the most minor of changes to an allocation judgment, with the potential of causing unneeded confusion and hostility between parties.
The perils of joint custody revisited under a new Act: Is it something or nothing? By Arnold F. Blockman August 2016 A new Act went into effect January 1, 2017 abolishing joint custody (750 ILCS 5/600-5/611). This article will focus on the consequences of that Act as it pertains to what is now similar provisions to the old joint custody language.
1 comment (Most recent August 9, 2016)
Polishing the new IMDMA By Zachary W. Williams July 2016 A summary of some of the more important changes House Bill 3898 contains as of the filing date of May 4, 2016.
Privacy of mental health records in Illinois: The Mental Health & Developmental Disabilities Confidentiality Act By Sarah J. Taylor February 2016 An overview of the Act and some of the issues that can arise when practitioners seek access to mental health records in various situations.
Szafranski v. Dunston: A case note By Nicole Jaderberg May 2016 The First District Appellate Court addressed the issue of embryo disputes in Szafranski v. Dunston
To disgorge or not to disgorge? By Zachary Williams December 2016 With the recent decision in In re Marriage of Altman and Block, there is now a split in the Illinois Appellate Courts as to whether a trial court can order one attorney to disgorge earned fees in order to “level the playing field” between two parties, when neither party can afford to pay their attorney fees. 
What you don’t know about drug and alcohol testing may be harming your clients (and you as well) By Lesly Datlow September 2016 With increasing frequency, more and more parents are accusing the other of abusing drugs and/or alcohol. With respect to drug and alcohol testing, there are certain things attorneys should understand.
Why doesn’t she just leave? By Sally K. Kolb April 2016 In cases of domestic violence, this question focuses on the victim’s implied culpability instead of on the abuser.
2 comments (Most recent April 17, 2016)
Why the date we file a petition for dissolution of marriage just became Important By Staci Balbirer 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.