Navigating the Sale of a Marital Residence During the Pendency of a CaseBy Rebecca Berlin-MelzerFamily Law, February 2024Understanding the various legal options for handling marital property in divorce under the Illinois Marriage and Dissolution of Marriage Act will help lawyers give clients quality, comprehensive advice.
Beware of AI PitfallsBy Michael StraussFamily Law, January 2024An artificial intelligence-generated article about a non-existent Illinois Supreme Court Rule, which serves as a cautionary tale for attorneys to do their own research and not blindly rely on anything generated by AI.
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.
