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2012 IL App (1st) 111203
Ill. App. Ct.
2012
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Background

  • D.T. Wade and S.L. Wade married in 2002; they have two children.
  • D.T. petitioned for dissolution in 2008; custody disputes culminated in D.T. obtaining sole custody.
  • October 14, 2008, the parties entered an agreed preliminary injunction (API) to preserve marital assets.
  • D.T. moved to vacate or modify the API multiple times, with hearings stretching from 2009 to 2011.
  • March 30, 2011, the trial court vacated the API and ordered D.T. to pay $15,000 monthly, effectively dissolving protections.
  • This reversal is on appeal; the court remanded to reinstate the API and allow full evidentiary hearing on asset preservation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the March order vacating the API was properly entered as nunc pro tunc S.L. contends the March order lacked proper basis and procedure. D.T. argues the status quo no longer required API protection and the order was proper. Improper nunc pro tunc vacatur; reversed on this basis.
Whether S.L. was denied an evidentiary hearing on the API's necessity S.L. asserts she was entitled to prove ongoing need for injunction. D.T. contends hearing proceeding focused on modification, not evidentiary needs. Denied evidentiary hearing; reversed to permit full hearing.
Whether the API was vacated sua sponte without a pleading S.L. argues vacatur occurred without proper pleadings and findings. D.T. maintains court could modify/vacate under inherent power. Vacatur without pleadings proper; reversed.
Whether retroactive dissolution of the API violated due process S.L. claims due process requires orderly procedure and the hearing to preserve assets. D.T. asserts changed circumstances justified modification. Due process concerns; reversed.
Whether the March order should be reversed prospectively or reinstated to preserve the marital estate S.L. seeks reinstate API to protect assets pending distribution. D.T. asserts status quo no longer applicable post-dissolution. Remand to reinstate API and restore status quo ante for asset preservation.

Key Cases Cited

  • Hartney v. Hartney, 355 Ill. App. 3d 1088 (Ill. App. 4th Dist. 2005) (injunctions require preservation of assets and due process safeguards)
  • In re Marriage of Schmitt, 321 Ill. App. 3d 360 (Ill. App. 1st Dist. 2001) (status quo preservation in divorce; evidentiary hearing warranted)
  • Grauer v. Grauer, 133 Ill. App. 3d 1019 (Ill. App. 1st Dist. 1984) (restrictions on dissipation of marital assets; evidentiary protection)
  • Kraft v. Solon, 32 Ill. App. 3d 557 (Ill. App. 3d Dist. 1975) (need for record support when dissolving injunction)
  • Winter v. In re Marriage of Winter, 387 Ill. App. 3d 21 (Ill. App. 1st Dist. 2008) (elements for a preliminary injunction; preservation of status quo)
  • Rochester Buckhart Action Group v. Young, 379 Ill. App. 3d 1030 (Ill. App. 4th Dist. 2008) (abuse of discretion standard for dissolving injunctions)
  • In re Marriage of Sanfratello, 393 Ill. App. 3d 641 (Ill. App. 1st Dist. 2009) (abuse of discretion in injunction context; standards)
  • In re Marriage of Winter, 387 Ill. App. 3d 21 (Ill. App. 2d Dist. 2008) (preliminary injunction criteria; likelihood of success)
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Case Details

Case Name: Wade v. Wade
Court Name: Appellate Court of Illinois
Date Published: Mar 9, 2012
Citations: 2012 IL App (1st) 111203; 1-11-1203
Docket Number: 1-11-1203
Court Abbreviation: Ill. App. Ct.
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