Wife filed for divorce. They had an oral settlement agreement. The Judge granted the divorce. Wife appealed.
Wife alleged that she was pushed into settlement by her attorney. She alleged that she had no choice. The Appellate Court said that was insufficient to invalidate the settlement agreement.
A property settlement should not be disregarded simply because one party has second thoughts. Wife had made her statement affirming the settlement. She did not object to the terms of the agreement that were recited in court. She had shown that she understood and agreed to the settlement.
Wife had freely and voluntarily entered into the agreement for physical possession of their minor child by grandparents for 18 months. The wife, therefore, had no basis to question the propriety of the custody award reflecting such agreement.
The grandparents had petitions to intervene for custody. These constituted counterclaims. Wife could not voluntarily dismiss her petition for divorce to try to get rid of the counterclaims.
IRMO Black, 133 Ill.App.3d 59