Wife filed a petition under 735 ILCS 5/2-1401.  She wanted to set aside the parties’ Marital Settlement Agreement. It had been entered two years before.

Wife claimed that husband had fraudulently concealed information from her during the divorce.  She alleged fraudulent concealment.   She believed that he had schemed to reduce his salary while the divorce was pending.

The Trial Court denied her motion. She appealed.

The Appellate Court found that she had adequate opportunity to determine the truth of her allegation.  She had raised the issue in the divorce proceeding.  But, she had chosen to settle despite her concerns.  She could have presented evidence of husband’s decline in income at trial.  She could have argued for the court to impute income to him.

Wife did not exercise reasonable diligence in presenting her section 2-1401 claims to the court.   She voluntarily entered into the Marital Settlement Agreement instead.

In re Marriage of Onishi-Chong, 2020 IL App (2d) 180824 (February 20, 2020) Du Page Co.

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