Property Division

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DON’T JUST TAKE YOUR SPOUSES’ WORD

  Judgment of dissolution of marriage was entered.  It included the parties’ marital settlement agreement (MSA). Wife filed a petition to reopen the case.  She claimed fraud and breach of the MSA. She claimed that Husband concealed three assets worth nearly $2 million. She discovered this after the divorce took place.  She now claimed that [...]

ALWAYS IMPORTANT TO KNOW WHAT LAW APPLIES

  Parties to a civil union had been legally married in Canada in 2003.  One party filed for divorce later in Illinois. They now lived in Illinois.  The court ordered the dissolution of their civil union. There is no retroactive application of the Civil Union Act.  Before the Act, the divorce court would not be [...]

GETTING A SECOND BITE OF THE APPLE

  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 [...]

By |2017-07-26T21:52:13+00:00July 26th, 2017|Property Division|0 Comments

GROSS INCOME MEANS INCOME FROM ALL SOURCES, ALL OF THEM

  The parties had been married 22 ½ years. They divorced.  Wife suffered from many health problems.  The Trial Court gave Wife reviewable maintenance of $1,840 per month for 96 months.  She could return to court after 96 months if she felt she needed an extension of maintenance. Husband had bought a house with his [...]

By |2017-07-25T18:46:52+00:00July 25th, 2017|Property Division, Spousal Maintainence|0 Comments

JUST WHOSE FAULT IS IT?

  The parties to a divorce owned a business. Each party had been ordered to disclose information about their business valuation expert, reports and financial information.  Husband disclosed his controlled expert witness more than 60 days before trial but failed to disclose the required opinions and report of the expert until just 4 days before [...]

DISABILITY AND RETIREMENT INCOME-WHEN THE CART IS THE HORSE

In 1993, John and Lynette were divorced. Their agreement required John to divide his retirement benefits with Lynette. In 2004, John stopped working. He began receiving disability benefits. John refused to divide his disability benefits with Lynette. She went to court. The trial court agreed with Lynette. John appealed. The Appellate court agreed with the [...]

COURT DID NOT BELIEVE HUSBAND SIGNED UNDER PRESSURE

Divorce decree entered between husband and wife. The decree included the (postnuptial) agreement that the parties made when they were still married. Husband did not object to the divorce decree being finalized. 5 months later, Husband filed a motion to overturn the divorce decree. He argued that the postnuptial agreement was really unfair (unconscionable). The [...]

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