Our law is constantly evolving and changing, and so it is imperative for you to find an attorney who can stay on top of the law and all of its changes. At the Law Offices of A. Marcy Newman we strive to stay abreast of all the recent court decisions and changes to our law. Below you will find some of the most recent matrimonial cases handed down by Illinois courts.
Nessler v. Nessler, Fourth District
The Fourth District found that the trial court erred when it allowed a combined 2-615 and 2-619 motion to dismiss plaintiff's complaint. The plaintiff's complaint sought damages for fraudulent inducement to enter into marital settlement agreement; the marital settlement agreement formed the basis for the judgment order of dissolution of marriage. The complaint's allegations that the husband, who is an attorney, induced her to enter into agreement by misrepresenting to her the parties' rights and intentions, and also the children's trusts created therein were not funded until after parties remarried and that new marriage was invalidated, are sufficient to allege fraudulent concealment and to toll the limitations period for both a 2-1401 motion and for fraud.
For the full text of Nessler v. Nessler click here: Nessler v. Nessler.
In re Marriage of Pond and Pomrenke, Second District
The Second District found that the trial court abused its discretion when it refused the wife's Section 508 petition requesting that the husband contribute to her attorney's fees. Although the wife received more than one half of the marital assets, she was allocated a disproportionate share of the marital debt and thus lacked the ability to pay attorney's fees, since she received primarily illiquid assets. In addition, she earns only one third as much as the husband; and the husband has no maintenance or child support obligations.
For the full text of In re Marriage of Pond and Pomrenke click here: IRMOPondPomrenke-fees.pdf.