Publications
Drug Testing Options…Pros, cons of recourses during divorce proceedings
Published in Chicago Lawyer Magazine, December 2024
By Daniel Stefani
In Illinois, courts have the authority to order drug testing for parents involved in divorce proceedings when there are issues with child custody and/or parental responsibilities.
Keeping Children Safe…Alcohol abuse and caring for a kid during a divorce…what can be done?
Published in Chicago Lawyer Magazine, August 2024
By Daniel Stefani
In a pending divorce involving a minor, the safety and well-being of the child is one of the most important concerns. If a parent struggles with alcohol abuse and cannot appropriately care for a child, courts can impose several levels of remedies. The most extreme would be to suspend parenting time. The next level would be some sort of supervised parenting time where a third-party professional could monitor the parent’s level of sobriety and ability to parent.
No Room to Modify…Does permanent maintenance mean forever?
Published in Chicago Lawyer Magazine, April/May 2024
By Daniel Stefani
In January, the Illinois 3rd District Appellate Court published an “absurd but legally correct” Rule 23 opinion that answered the question of whether a permanent maintenance agreement was modifiable upon the payor’s retirement.
All In The Family: Memorialize Your Intentions… Property transfers between spouses
Published in Chicago Lawyer Magazine, December 2023
By Daniel Stefani
I started writing this family law column 15 years ago. My first was on a similar topic as this one. Namely, I wrote about the ultimate implications of transfers of property between spouses during the marriage years, prior to when the parties divorce.
All In The Family: Disentangling The Parties… Constructive trusts as a remedy in divorce
Published in Chicago Lawyer Magazine, September 2023
By Daniel Stefani
The Illinois Marriage and Dissolution of Marriage Act, and the case law resulting from it, reflects a strong public policy rationale for disentangling litigants financially in divorce upon a judgment for dissolution. There are certain instances when such disentanglement cannot be achieved and divorced parties must remain financial partners into the future.
All In The Family: I Need A Moment… Limits to constitutional right to counsel
Published in Chicago Lawyer Magazine, May 2023
By Daniel Stefani
In Illinois, all dissolution of marriage trials are bench trials by statute. Given the volume of cases in the domestic relation divisions, especially in Cook and its collar counties, and the nature of the practice, there is a heavy amount of motion practice during the life of a case in advance of any ultimate trial on merits.
All In The Family: Fungible deadline…Are review and extension orders becoming obsolete?
Published in Chicago Lawyer Magazine, September 2022
By Daniel Stefani
The 2nd District Appellate Court of Illinois has recently expanded an ex-spouse’s ability to request an extension of maintenance even when the court order establishes a deadline for filing for such extension.
Growing Income Pool…..Inheritances can be Tapped for Support
Published in Chicago Lawyer Magazine, April 2022
By Daniel Stefani
The Illinois Supreme Court helped to clarify the definition of “income” as it relates to setting child support and maintenance. The definition may also change depending on whether the court is setting initial support provisions to a dissolution of marriage verses a modification of an existing obligation years following a divorce.
Prudent Divorce Planning?…..Transferring Assets Before Filing Paperwork
Published in Chicago Lawyer Magazine, December 2021
By Daniel Stefani
On the eve of many divorces, there is an urge by one or both parties to gain an advantage by transferring assets to family, friends and even offshore accounts. Typically, there’s a paper trail, and usually it is ultimately discovered by the opposing party. Yet there are some legally justifiable reasons to transfer assets. A handful of Illinois Appellate Court decisions explain further where and how it could be allowable.
Out In the Cold…..Leaving the Home During Divorce Could Sting
Published in Chicago Lawyer Magazine, September 2021
By Daniel Stefani
In virtually every divorce I get the question…should I move out upon filing or should I wait until the end of the case when the house is either sold or allocated to myself or my spouse?