Article: Better Civil Practice in Dissolution of Marriage Litigation Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2008 Loyola University Chicago School of Law
Loyola University Chicago Law Journal

Article: Better Civil Practice in Dissolution of Marriage Litigation

Summer, 2009

Loyola University Chicago Law Journal

40 Loy. U. Chi. L.J. 911

Author

Sanjay T. Tailor*

Excerpt



I. Introduction
 
The course of litigation will test a lawyer's knowledge of procedural law as much as the substantive law governing the case. Dissolution of marriage litigation is no exception. Yet, in seeking to enforce substantive rights under the law of dissolution, many practitioners fail to observe certain elementary aspects of procedural law. Trial judges, for their part, often overlook procedural shortcomings. Whether viewed from the perspective of a domestic relations practitioner or trial judge, any temporary gain that may be had by relaxing procedural rules is greatly outweighed by the adverse effect it will have on the administration of justice in the long term. Informed by the Illinois Marriage and Dissolution of Marriage Act (Marriage Act), 1 Article II of the Illinois Code of Civil Procedure (Code), 2 also known as the Civil Practice Law (CPL), and the Illinois Supreme Court Rules (Supreme Court Rules or Rules), this Article draws attention to procedural customs and practices in domestic relations cases that are at odds with well-established procedural law and suggests changes in the way certain key aspects of dissolution of marriage cases are litigated. This Article argues that adopting its recommendations would harmonize procedure between dissolution of marriage and other civil actions, to the great benefit of the courts, domestic relations bar, and, ultimately the parties involved. 3

"Nothing is more critical to the judicial function than the administration of justice without delay. Central to discharging this function, the judiciary must be unimpeded in considering ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities