The Illinois Supreme Court holds that a financially strapped divorcing wife can require her husband's lawyer to turn over already-paid fees to help finance her own legal expenses.
he appropriate valuation date of marital property in a bifurcated dissolution hearing is the date of trial under the Illinois Marriage and Dissolution Act, according to a November 9, 2011, Illinois Fourth District Appellate Court ruling.
Proposals address financial disclosure in divorce, how judges describe defendants' decision not to testify, and how to handle inadvertent disclosure of documents.
The court found that, despite Petitioner Kristina Baniak's claims, the lower court had subject matter jurisdiction to hear the case regarding attorney's fees and that Baniak had waived all other issues raised in her appeal.
By Andrew R. Schwartz, Thomas J. Kanyock, & Karen Jeffreys
September
2011
Article
, Page 462
Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hides assets. Never fear - the Illinois Uniform Fraudulent Transfer Act is here.
What happens when a maintenance-paying spouse dies shortly after the judge signs the dissolution judgment? Is the maintenance recipient out of luck? That may depend on where the case arose.
Are the assets your client got in divorce really "free and clear of all claims" by the ex-spouse? If they're retirement benefits and the claims are for child support, probably not.
On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding.
A spouse's nonmarital estate can be reimbursed for contributions to the marital estate - and vice versa - but determining the value of those contributions can be tricky.
