2024 Articles

Adjudication vs. ADR in Family Law: In Search of Deeper Dialogue and Understanding By Sandra Crawford March 2024 Conflict resolution practitioners must be able to convey the benefits and drawbacks to different models of conflict resolution since the model a client uses to address disputes can have a profound impact on the process and outcome.

Automatic Substitution of Judges: A Closer Look By Judge Arnold F. Blockman, (ret.) July 2024 An analysis of the common practice of taking a substitution as of right to the assigned family law judge in a given case.

Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2024 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

Beware of AI Pitfalls By Michael Strauss January 2024 An 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.

Cases and Issues to Watch By Raleigh D. Kalbfleisch April 2024 Summaries of cases and issues of interest to family law practitioners.

Chair’s Column By Jessica Patchick December 2024 A note from the chair and A Lawyer’s Night Before Christmas story.

Chair’s Column By Jessica Patchick November 2024 A note from the chair.

Chair’s Column By Jessica Patchick October 2024 A note from the chair.

Chair’s Column By Jessica Patchik August 2024 A note from the chair.

Defending Dissipation: Tips and Common Pitfalls to Avoid By Jessica C. Marshall October 2024 Tips for mitigating dissipation claims when litigating divorce cases.

Don’t Be a ‘Wimpy’ Lawyer By Rory T. Weiler April 2024 Advice on how to collect fees from uncooperative clients.

1 comment (Most recent May 17, 2024)

Effectively Transitioning Your Matter for Appeal By Julie A. Johnson December 2024 Family law litigators who routinely try cases or conduct full evidentiary hearings, whether pre- or post-decree, inevitably face the prospect of appealing decisions that did not favor your client. Most family law attorneys routinely practice in either the circuit courts or the appellate courts but rarely both. Employing the following strategies will save you time, your client money, and enable a smooth transition of your matter for an appeal handled by separate appellate counsel.

1 comment (Most recent December 10, 2024)

The Effects of Vicarious Trauma for Family Law Attorneys By Hon. Jeanne M. Reynolds November 2024 First Responders are recognized as heroes! First Responders are also required to take care of themselves due to the immense challenges and stress dealt with on a daily basis. Lawyers and judges must do the same.

Exploring Upward Deviation in Child Support: The Road Rarely Taken By Kathy E. Bojczuk May 2024 Upward deviation in child support cases in Illinois offers a valuable mechanism for tailoring support payments to the specific needs of children and families.

FAIR Is the Four-Letter ‘F-Word’ in Divorce By L. Steven Rakowski April 2024 During a divorce, one way to ensure your client is happier with the outcome is to manage expectations and attitudes.

Family Law Legislation 2024 By Richard Zuckerman June 2024 In 2024, the Family Law Section Council reviewed and tracked 64 bills, seven of which made it to the governor's desk for signature.

How DCFS Appeals Can Give Law Students Valuable Litigation Experience By Joe Lehman March 2024 The rules of the Illinois Department of Children & Family Services allow non-lawyers to appear before administrative law judges. Law students and firms that employ them should capitalize on this allowance to give law students valuable litigation experience.

Illinois Child Support Services Family Resource Transformation By Irene Curran May 2024 The Illinois IV-D program has evolved and expanded to provide services intended to help the entire family, including parents who pay support.

In re Parentage of A.H, A.H., & A.H. v. Harlow H. By Hon. Jeanne M. Reynolds February 2024 A summary and analysis of In re Parentage of A.H.

International Custody Disputes: Allocation Judgments Do Not Bind Courts When Determining a Child’s Habitual Residence By Jason Pica, II & Erin Lyman October 2024 On April 30, 2024, the Seventh United States Circuit Court of Appeals held in Baz v. Patterson, what started off as a typical parentage case, that parental stipulations regarding a child’s habitual residence do not conclusively establish residence.

Leveraging AI and ChatGPT as a Divorce Attorney in Illinois: Ethical Considerations and Practical Applications By Rachael Toft March 2024 Although artificial intelligence can be useful to attorneys now, it will have limitations until newer products are developed specifically for attorneys.

‘Living in Sin’ Is About to Get a Lot Riskier By Meighan A. Harmon May 2024 House Bill 4404, introduced in January 2024, creates the Uniform Cohabitants’ Economic Remedies Act.

Meet Your Incoming Chair, Jessica Patchik By Sally Kolb June 2024 A note of welcome to the incoming chair from one of the co-editors.

1 comment (Most recent June 18, 2024)

Navigating Family Law: Why Anger Management Isn’t Enough in Domestic Violence Cases By Agnes Zielinski Olechno November 2024 In Illinois family and domestic violence courts, courts may face the task of determining the appropriate intervention for individuals displaying harmful behavior, particularly in high-conflict parenting or divorce cases. Pursuant to Section 607.6 of the Illinois Marriage and Dissolution of Marriage Act, the court may order individual counseling for the child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties.

Navigating Parenting Time Restrictions Under the Illinois Marriage and Dissolution of Marriage Act By Agnes Zielinski Olechno January 2024 Parenting time restrictions under the Illinois Marriage and Dissolution of Marriage Act serve as a crucial mechanism to ensure a child's safety and well-being in contentious family law cases.

Navigating the Sale of a Marital Residence During the Pendency of a Case By Rebecca Berlin-Melzer February 2024 Understanding 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.

New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz August 2024 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.

Order of Protection Against Transphobic Parent Upheld By Peter Sullivan April 2024 In its recent opinion in In re A.A. v. Nita A., the appellate court addressed the issue of transphobia within the family and cleared a path for the issuance of orders of protection against a family member who harasses a transgender child for being transgender.

An Overview of Illinois’ Law on Reproductive Health By Ashley D. Davis October 2024 Illinois law provides robust protections for reproductive rights, ensuring that individuals have the right to make decisions about their reproductive health without undue interference from the state.

Parenting Coordinators: Coordinating Parents Through the Day-to-Day Life By Erin M. Wilson October 2024 What happens when issues arise after a final Allocation Judgment or Judgment for Dissolution of Marriage is entered? What happens when the parties are out of court and issues or different interpretations of the final orders arise? Who can the parents reach out to once the ink has dried on their final order?