Location, location, location: All you really need to know about disgorgement of feesBy Rory T. WeilerDecember 2016In 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 rewriteBy Mark E. SullivanAugust 2016A 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.
New study finds seasonal increases in divorceBy Michele M. JochnerOctober 2016A recent study conducted by sociologists at the University of Washington has revealed a fall seasonal occurrence: an increase in filings for divorce.
Parties must now file parenting plans even in the slightest modification proceedingsBy Michael M. ShemkusOctober 2016Recent 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. BlockmanAugust 2016A 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.
Polishing the new IMDMABy Zachary W. WilliamsJuly 2016A summary of some of the more important changes House Bill 3898 contains as of the filing date of May 4, 2016.
Szafranski v. Dunston: A case noteBy Nicole JaderbergMay 2016The First District Appellate Court addressed the issue of embryo disputes in Szafranski v. Dunston
To disgorge or not to disgorge?By Zachary WilliamsDecember 2016With 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.
Why doesn’t she just leave?By Sally K. KolbApril 2016In cases of domestic violence, this question focuses on the victim’s implied culpability instead of on the abuser.