In re Marriage of Roepenack

State: Illinois

Court: Illinois Southern District Court

Docket No: 3110198

Case Date: 03/02/2012

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Appellate Court

In re Marriage of Roepenack, 2012 IL App (3d) 110198

Appellate Court Caption

In re MARRIAGE OF CHAT T. ROEPENACK, Petitioner-Appellant, and KATHLEEN L. ROEPENACK, Respondent-Appellee.

District & No.

Third District Docket No. 3-11-0198 March 2, 2012 The trial court's order granting respondent's petition under section 21401 of the Code of Civil Procedure alleging that the judgment dissolving the parties' marriage was procured by fraud and was unconscionable was affirmed where respondent was not represented by counsel, petitioner misstated his income during the settlement negotiations, he failed to disclose information concerning the parties' business interests, petitioner received the majority of the marital assets, he submitted an unauthorized deviation of child support, he failed to disclose assets, and it was unlikely the trial court would have approved the settlement agreement if the court had been provided with complete information; therefore, the trial court properly vacated the settlement agreement, save the portion granting the parties joint custody of the children, and remanded the cause for further proceedings. Appeal from the Circuit Court of Tazewell County, No. 09-D-310; the Hon. Paul P. Gilfillan, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Affirmed and remanded.

Counsel on Appeal

Derek Schroen (argued), of Benckendorf & Benckendorf, PC, of Peoria, for appellant. David M. Lynch (argued), of Lynch & Bloom, of Peoria, for appellee.

Panel

PRESIDING JUSTICE SCHMIDT delivered the judgment, with opinion. Justices Holdridge and Wright concurred in the judgment and opinion.

OPINION

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