Publications
Best to be up front: Costly mistake for non-disclosure of stock options
To disclose or not to disclose? That is the question. It was the inquiry In re Marriage of Hyman, 2023 IL App (2d) 220041, where a husband failed to disclose the receipt of stock options during the divorce. On a post-decree petition filed by his wife, he was ordered to pay her $130,196, the net value…
Update your information: Life insurance payout could go to ex-spouse
It’s a familiar scene. Parties get a divorce but fail to change the beneficiary designation in their life insurance policies. When one of them dies, does their ex-spouse receive the life insurance proceeds even though the decedent would probably prefer that the proceeds go to someone else? Perhaps they’d want it to go to their…
Maintenance record: New developments in modifying post-marriage agreements
The Illinois Appellate Court issued two notable maintenance decisions. One strictly enforces the parties’ agreement to not modify maintenance; the other allows flexibility for a disabled spouse to file a late petition for review. Both decisions favor the maintenance recipient and both are guided by the particular facts of each case. Maintenance is court-ordered financial…
Proper evaluation: Deposition, delay undermine a custody assessment
This article discusses the recent case of In re Parentage of K.E., 2022 IL App (5th) 210236, involving a 604.10(b) evaluation, the need for a timely evaluation and cooperation of counsel in scheduling depositions. Without these things, a court order on parental responsibilities and parenting time could be reversed. A couple of critical issues in divorce…
Billing 15 minutes for less: Panel affirms firm’s necessity of fees
I remember my days as a young divorce practitioner billing in 0.1 time increments and burning the midnight oil to meet deadlines and tackle emergencies. Apparently, billing increments have shifted upward to no less than 15-minute increments, but the long hours have not changed. Nor has some clients’ refusal to pay at the end of the…
Easier standardized forms: ATJ’s family law commission improves important materials
In 2012, the Illinois Supreme Court created the Access to Justice (ATJ) Commission to promote equal access to the civil court system. First District Appellate Court Justice Mary K. Rochford is chair of the commission and works tirelessly with other justice partners and dozens of volunteers to ensure access to justice for all. The ATJ…