Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships. Referred to as “filial consortium damages,” these awards are intended to compensate the parent for the loss
Chicago Family Law Blog
The Chicago Family Law Blog, published by Alan Pearlman, focuses on various aspects of family law including divorce mediation, division of retirement benefits, and the impact of separation on estates and trusts. It covers practical legal issues such as the preparation and challenges of mediation, state-specific rules on property and asset division, and the effects of divorce on wills and beneficiary designations. The blog also discusses recent legislative changes, such as cannabis legalization laws in Illinois and their implications for expungement of offenses. Additionally, it addresses social and economic trends related to divorce, including no-fault divorce laws and their effects on families.
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Tips to Help You Get Through The Holidays with Your Sanity Intact
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Distinguishing Collaborative Divorce From Divorce Mediation
Couples that seek to dissolve their marriages without the challenges of litigation often turn to alternative dispute resolution. Non-litigation settlement strategies are particularly effective for couples committed to maintaining respectful relationships with their spouses after the divorce, and may also…
U.S. Department of State Implements Two-Parent Consent Law
In July 2001, the United States Department of State implemented a law regarding passport application procedures. Under the Two-Parent Consent Law, as amended in 2008, both parents are required to consent to the passport application for a minor U.S. citizen…
Inheritance Rights of Spouses after Separation and Divorce
Most people are aware that a surviving spouse is usually entitled to inherit all or a large portion of the estate of a deceased spouse. Fewer understand the effect on estates if one spouse dies during a legal separation or…
Keeping Assets in a Custodial Account for a Minor
Minors have no legal capacity to manage property. Thus, transferring property and other assets to minors can be problematic. For example, parents or other adults may wish to convey a small amount of property to a minor without investing the…
DOMA Defines “Marriage” as Union of Man and Woman
The federal Defense of Marriage Act (DOMA) was signed into law by President Clinton on September 21, 1996. DOMA defines “marriage” to consist exclusively as a heterosexual union of a man and a woman. Further, DOMA directs federal agencies to…
The Right to Sue Family Members
Over the years, intra-family immunity from lawsuits against other family members developed; “parental immunity” and “spousal immunity.” Some have suggested that these immunities were part of a body of rules that historically limited tort recoveries in general. At one time,…
Spousal Rights Regarding Personal Injury Awards
Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple’s real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there…
Tax Issues Relating to Qualified Domestic Relations Orders and Divorce
An increasingly large portion of the assets of married couples consist of rights to payments and stock from pension plans. In many states such assets are subject to division during a divorce. Divorce and division of property are generally controlled…