Author Archives: Erika N. Wyatt

Erika N. Wyatt

About Erika N. Wyatt

Erika N. Wyatt came to Schiller DuCanto & Fleck LLP in 2006 following three years of commercial litigation practice, including the representation of major corporations in both federal and state courts and litigation cases involving sophisticated bank fraud, complex breach of contract, ERISA, personal injury, employment issues, and equine law.

U.S. to Deny Visas to Unmarried Same-Sex Partners of Diplomats

On October 3, 2018, the US State Department released a bulletin announcing that, “Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.”(1) This new policy requires that the same-sex partners of diplomats and staff of […]

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Pet Custody Comes to Illinois

Companion animals, commonly referred to as “pets”, play an ever-increasing role in American society. US pet industry expenditures were $38.5 billion in 2006 and nearly doubled to $66.75 billion in 2016. According to the 2017-2018 APPA National Pet Owners Survey, 68% of US households own a pet, equating to 84.6 million homes. The strong emotional […]

Marriage Equality and Divorce Equality Reach Illinois

On November 20, 2013, Illinois Governor Pat Quinn signed into law the Religious Freedom and Marriage Fairness Act, which will make same-sex marriage legal in Illinois as of June 1, 2014. At this time, fourteen states, the District of Columbia, eight counties in New Mexico and eight Native American tribal jurisdictions issue marriage licenses to […]

The Emotional Cost of Divorce Proceedings

Adjustment Disorder, including situational depression or anxiety, is a short term condition that arises when a person is having difficulty adjusting to a major life change, event or loss. Divorce is one of the major life events that can cause Adjustment Disorder and a significant percentage of individuals going through divorce may experience either situational […]

US Senate Approves Gay Rights Bill

This afternoon, the United States Senate passed historic gay rights legislation in its approval of the Employment Non-Discrimination Act, which would provide protections in the workplace to workers and job applicants who are lesbian, gay, bisexual, and transgender. Any private employer with more than 15 employees would be precluded from workplace discrimination based on sexual […]

IRS Recognizes Same Sex Marriage for Federal Income Tax Purposes

As of September 16, 2013, through Revenue Ruling 2013-17, the Internal Revenue Service will recognize the marital status of legally married persons, including persons married to others of the same sex, for the purposes of filing federal income tax returns. The full text of Rev. Rul. 2013-17 can be found here. Currently, thirteen states recognize […]

Lesbian Couple Seeks Spousal Immunity in Kentucky Murder Trial

Geneva Case and Bobbie Jo Clary, a lesbian couple in Kentucky, are seeking to invoke spousal immunity to shield Case from testifying against Clary in Clary’s criminal murder trial.  Clary has been charged with beating a man to death and then stealing his van. Case and Clary were joined in a civil union in Vermont […]

Preparing For Summer Co-Parenting

Though many children look forward to the fun, freedom, and activities that typically come with summer vacation, it can be a challenging time for both the children and the parents in divorcing or post-divorce families. Under many custody arrangements, children are with one parent or the other for longer stretches during the summer than during […]

Loving v. Virginia: Thoughts on Gay Marriage

In June 1958, Mildred Jeter, a black woman, married Richard Loving, a white man.  Although the newlyweds were residents of Virginia, they married in the District of Columbia because Virginia had a criminal statute that prohibited interracial marriages between a white person and a person of color in addition to a statutory provision that rendered […]