Michael J. Calabrese has been appointed by the Family Law Committee of the DuPage County Bar Association to keep its members apprised of recent developments in Illinois case law. The following is a list of recent and significant Illinois family law cases.

Premarital Agreements

In re Marriage of Drag, No. 3-00-0935 (3rd Dist. Jan. 10, 2002). Premarital Agreement was enforceable. Full disclosure was made and both parties were represented by counsel. That wife's attorney formerly represented husband in his divorce did not invalidate agreement. Agreement did not place hardship on wife as she received $201,000 under agreement plus furniture and a vehicle.

Post Decree Discovery - Privilege - Premarital Agreement

Puterbaugh v. Puterbaugh, No. 3-01-0292 (3rd Dist. Feb. 14, 2002). Prenuptial agreement between father and new wife was not protected by the spousal privilege from discovery in post decree petition to increase child support.

Statute of Limitations - Malpractice - Premarital Agreement

Sorenson v. Poehlmann, No. 2-00-1313 (2d Dist. Feb. 19, 2002). Court properly dismissed Plaintiff's legal malpractice action for alleged failure to draft an enforceable prenuptial agreement based upon the six year statute of repose. Agreement was drafted in 1985, divorce was filed in 1994, completed in 1998 and malpractice action was filed in 2000.

Life Insurance - Post Decree

In re Marriage of Osborne, No. 3-01-0252 (3rd Dist. Jan. 23, 2002). Husband was not entitled to terminate life insurance with former wife named as irrevocable beneficiary after children were emancipated. The plain language of the relevant provisions of the Marital Settlement Agreement did not mention the children or that said insurance was security for child support.

Custody, Visitation and Award of Residence

In re Marriage of Craig, No. 4-01-0583 (4th Dist., Jan 24, 2002). Awarding custody of child to mother was not abuse of discretion despite mother's engaging in exhibiionism and sexual behavior which the court termed moral indiscretions that did not affect her relationship to the child. The court found that all Section 602 best interests factors weighed in favor of custody to the mother. The visitation schedule including midweek overnights was also appropriate given father's work schedule. It was also not error for the court to award the home to the mother because she was awarded custody and runs a day care business out of the home.

Parentage Act - Custody & Removal

In re S.L., No. 1-99-3192 (1st Dist. Feb.1, 2002). Denial of father's request for injunctive relief to prevent removal in a parentage act custody case without a best interests determination was reversible error. Although the Parentage Act does not incorporate Section 609 of the IMDMA, the desire to remove a child from the state triggers a best interests determination concerning the child's custody.

Attorneys Fees

In re Marriage of Murphy, No. 4-01-0292 (4th Dist. Feb. 6, 2002).   

Wife was not entitled to fees for prosecution of appeal under Section 508(a)(3.1) because she did not substantially prevail on appeal. Party must obtain at least 50% of the relief requested to be deemed to have substantially prevailed.