In re Marriage of Faletti, 2017 IL App (3d) 160323

Petition filed by Dominic J. Faletti, Jr., guardian for Dominic Sr., seeking dissolution of marriage from Virginia Faletti; grounds included irreconcilable differences and prior uncontested grounds hearing.
Parties had lived apart and planned to file waivers of the two-year separation; no minor children.
Petitioner's counsel repeatedly sought entry of a bifurcated dissolution to allow Medicaid eligibility and address urgent nursing-home payments.
Respondents' counsel repeatedly withheld consent pending guardianship for Virginia due to sudden cognitive decline; guardianship petitions were filed and granted on January 23, 2015.
A bifurcated judgment of dissolution was filed on January 23, 2015; respondents and appointed guardians did not expressly consent and had expected the matter to be addressed at a February 3, 2015 status hearing.
Respondents moved to vacate; trial court denied the motion, finding attorneys had effectively agreed and that delays were caused by Virginia’s adult children; appellate court reversed and remanded to vacate the bifurcated judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying motion to vacate a bifurcated dissolution entered without respondents' consent or notice	Bohlen/Dominic: respondents' attorneys had consented or at least did not object; court relied on prior statements and the parties' agreement to enter the order	Respondents (Kasher/Convery): counsel expressly withheld consent pending appointment and decision of guardian; judgment was filed without guardian consent or notice	Reversed — judgment entered without respondents' consent; trial court abused discretion and must vacate bifurcated judgment

In re Marriage of Sutherland, 251 Ill. App. 3d 411 (1993) (standard of review for denial of motion to vacate: abuse of discretion and substantial justice)
Mulcahey v. Vehon, 229 Ill. App. 454 (1923) (distinguishes passive non-objection from active consent)