In re Marriage of Bychina, 2021 IL App (2d) 200303 (June 18, 2021) presents a case of first impression in Illinois. The Second District Illinois appellate court held that the trial court erred in deferring to Federal court regarding an I-864 claim. The case reasoned that State court should be the … [Read more...] about 90 Day Fiance Fans Take Note: Illinois Appellate Court Holds State Court Errs in Deferring to Federal Court re Breach of Contract Claim
New Case Law
Illinois Supreme Court Rejects Testing the Water Doctrine for SOJs
May 20, 2021 brought to Illinois a new Supreme Court case. While not a divorce case, it will affect the practice of family law. Palos Community Hospital v. Humana Insurance Co., Inc., 2021 IL 126008. Before now, lawyers could not go to a pretrial (settlement) conference and test the waters … [Read more...] about Illinois Supreme Court Rejects Testing the Water Doctrine for SOJs
Gunnar J. Gitlin presentations: Martin Luther King Day seminar, ISBA’s GAL Seminar, and IICLE’s May Master Teacher Seminar
Gunnar J. Gitlin featured presenter for Seminars in January, February, and May 6th! MLK 2021 Seminar. Attorney Gitlin recently presented at the IICLE's Martin Luther King Day Seminar 2021, "Business Valuation, Financial & Tax Issues in Divorce: Defining & Understanding Income." … [Read more...] about Gunnar J. Gitlin presentations: Martin Luther King Day seminar, ISBA’s GAL Seminar, and IICLE’s May Master Teacher Seminar
Illinois Supreme Court Issues Important Decision in Sharpe v. Westmoreland
The Illinois Supreme Court recently ruled in an important case involving a step-parent within a civil union. I had written in 2019 the 2019 update to Gitlin on Divorce that I expected a reversal of the appellate court’s decision. The background follows. Illinois passed the Religious Freedom … [Read more...] about Illinois Supreme Court Issues Important Decision in Sharpe v. Westmoreland
Marriage of Lugge: Consideration of Cash Awarded to Spouse Pursuant to Marital Settlement Agreement as to the Reasonable Rate of Return
In re Marriage of Lugge, 2020 IL App (5th) 190046 (Motion to Publish granted January 15, 2020). A January 2020 decision addressed the trial court's imputation of cash flow based upon a reasonable rate of return on investments that are subject to investments, within the context. In doing so, it … [Read more...] about Marriage of Lugge: Consideration of Cash Awarded to Spouse Pursuant to Marital Settlement Agreement as to the Reasonable Rate of Return
Maintenance Reviews: Marriage of Kuper: Critical New Case from Third District
The April 2019 Marriage of Kuper case, 2019 IL App (3d) 180094), stands addressed any number of critical issues both in drafting initial maintenance awards in reviewing maintenance. Kuper addressed: —Liquidation of Assets: Whether the former wife’s asset base should be considered as to her … [Read more...] about Maintenance Reviews: Marriage of Kuper: Critical New Case from Third District
