Publications
Disgorgement of Divorce Attorney Fees
Published in Chicago Lawyer Magazine, February 2018
by Daniel R. Stefani
On November 30, 2017, the Illinois Supreme Court issued the opinion of In re the Marriage of Christine Goesel and Andrew Goesel, 2017 IL 122046. The Court held that attorney fees earned by a party’s lawyer in the normal course of representation for past services rendered are not “available funds” to be disgorged and paid to the opposing parties’ attorney within the meaning of Section 501(c-1)(3) of the Illinois Marriage and Dissolution of Marriage Act (“the Act”).
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When is a Post-Dissolution Order Appealable?
Published in Chicago Lawyer Magazine, November 2017
by Daniel R. Stefani
Following a Judgment of Dissolution of Marriage, often years later, cases end up back in court on post-dissolution motions and/or petitions. Typically there are requests to modify child support, maintenance, parental decision making and/or parenting time. Many times the trial court adjudicates some but not all of the pending motions or petitions. In such circumstances there is always a question as to whether the resulting order is final and appealable and whether the appellate court has jurisdiction over certain appeals and pursuant to what Supreme Court Rule. For many years there has been a split between the Appellate Court Districts as to when a post-dissolution order is final and appealable. In 2009 the Illinois Supreme Court in Gutman was presented with the issue and following the decision, the Appellate Districts continued to struggle with different interpretations.
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Does Permanent Mean Forever?
Published in Chicago Lawyer Magazine, September 2017
by Daniel R. Stefani
Hot off the press is In re the Former Marriage of Bernay, 2017 IL App (2d) 160583. The Second District Opinion is a must read for any payor or potential payor of permanent maintenance. In some ways, this Opinion redefines the longstanding definition of permanent maintenance as is understood in most divorce Courts in Illinois. After a 14 year marriage, Wife petitioned to dissolve the marriage. At the time, the children were still minors. At the time of the parties’ dissolution, Wife had graduated with an Associate’s Degree and was employed as a nurse. Husband earned an average of approximately $125,000 per year. The Judgment for Dissolution of Marriage provided that ex-Husband would pay ex-Wife $4,150 per month in unallocated maintenance and child support, reviewable after 36 months. In 1999, at the review hearing, ex-Wife earned $28,000, and ex-Husband earned approximately $383,000. At the review hearing, the Court increased ex-Wife’s unallocated maintenance and child support to $6,000 per month, reviewable after 60 months.
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What is a minor modification of parenting time not requiring a showing of substantial change in circumstances?
Published in Chicago Lawyer Magazine, July 2017
by Daniel R. Stefani
In the recent 4th District Opinion of In Re Marriage of Theresa O’Hare and Ronald Stradt, the Court gave us some insight as to the definition of “minor modification” in Section 610.5(e)(ii) of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) which became effective January 1, 2016.
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Mediation in Divorce
Published in Chicago Lawyer Magazine, May 2017
by Daniel R. Stefani
For as long as I can remember, when it comes to custody issues in a divorce case, Cook County Local Rules have always required parties to mediate these issues. For almost 3 years now, Cook County Local Rules allow Courts to order litigants to mediation on financial issues. So far, it has been an effective way to resolve tough financial issues that would otherwise have gone to trial.
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Can I use my spouse’s emails in divorce litigation?
Published in Chicago Lawyer Magazine, March 2017
by Daniel R. Stefani
We hear it all the time in clients’ initial consultations. Can I look at my spouse’s emails on our home computer? The first question I have is how would you acquire such emails? We then discuss whether that acquisition and/or use of emails could violate some State or Federal law regarding eavesdropping, wiretapping, etc. The law is still somewhat unclear in Illinois. However, the Seventh U.S. Circuit Court of Appeals decided a case on the subject on December 14, 2016. In Case No. 15-2076, Barry Epstein, Plaintiff-Appellant, v. Paula Epstein and Jay Frank, Defendants-Appellees. The Seventh Circuit held that putting an auto-forward on your spouse’s email account when you suspect he is cheating on you could violate the Federal Wiretapping and Electronic Surveillance Act.
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Doing Really Hard Time
Published in Chicago Lawyer Magazine, December 2016
by Daniel R. Stefani
What does the divorce court do with proceeds from a lawsuit for a wrongful conviction when the conviction occurred before the marriage and was reversed during the marriage? In a recent decision of In re Marriage of Rivera, 2016 Ill. App. (1st) 160552, Petitioner was convicted for murder in 1993 and was incarcerated from the time he was arrested in 1992 until January 2012. In January 2012, his conviction was reversed by the Appellate Court. While Petitioner was incarcerated, he and Respondent got married on October 31, 2000. Petitioner filed a Petition for Dissolution of Marriage in 2014 and in March 2015, he settled a lawsuit for wrongful conviction and received a net amount of $11.36 million.
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A chapter on postnuptial agreements, published in the Illinois Family Law Handbook by the Illinois Institute for Continuing Legal Education
Published in IICLE®
Book containing this chapter and any forms referenced herein is available for purchase at www.iicle.com or by calling 800-252-8062.
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Estate Plans Collide with the Dissolution of Marriage Act
Published in Chicago Lawyer, October 2016
by Daniel R. Stefani
Several interesting issues emerged in a recent Second Appellate Court Opinion of In re Marriage of Asta v. Pappas, 2016 IL App (2d) 150160. In Asta, during the marriage, wife acquired an interest in two companies (“Olsun”) founded in part by her father. She acquired the Olsun more than nine years after her father had died through a complicated transaction among her family which resolved multiple levels of litigation by a comprehensive settlement agreement.
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How Much Information Do You Share With Your Spouse?
Published in Chicago Lawyer Magazine, August 2016
by Daniel R. Stefani
Hot off the press is the case of In re Marriage of Schneeweis, 2016 IL App (2d) 140147. There the Appellate Court affirmed the Trial Court’s ruling that husband dissipated much of the marital estate by using marital funds to engage in high-risk securities trading, without telling his wife any details. However, this occurred several years before wife ultimately filed for divorce. This decision could cause many litigants problems, given the fact that most married couples, even while happily married, do not fully communicate with respect to their finances.