The parties divorced. Husband waived any interest in a business started during the marriage by Wife’s brother.  Wife testified that she had no interest in the business. She said she was not involved in the business. She had not listed the business in any discovery.

Husband had tried every which way he could to find out about the business. But, he never learned anything during the divorce proceedings.

Husband later learned that Wife was to receive a 40% ownership interest in the business.  Just as soon as the divorce was over.  Husband filed a Petition under Section 2-1401. This section allows you to return to court within two years of the order that you are contesting.  Husband wanted to overturn the divorce decree. But, the standards are very strict. You have to get back to court as soon as possible.

It turns out that Wife transferred marital assets to her brother and his company. Wife, of course, testified that she did not do that.

The Appellate Court said that Husband had a good claim against Wife.  But, he had not filed his Petition until 7 months after the divorce. Is this too late?

Husband showed that he had been diligent. Within the seven months, Wife had filed a Breach of Contract action against her brother. The Breach of Contract was based on brother not holding up his part of the deal.  This was after Wife had transferred marital assets to the brother.  She had denied everything about the business to prevent Husband from getting any share of the business. It turned out to be a marital asset.

Husband had filed his Petition six days later.

The Appellate Court sent the case back to the Trial Court for further proceedings. The Appellate Court opened the door for Husband to have his case heard before the trial Judge again.

IRMO Little, 2014 IL App (2d) 140373.

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