In Re Marriage of Paulius

475 N.E.2d 1006, 131 Ill. App. 3d 343, 86 Ill. Dec. 627, 1985 Ill. App. LEXIS 1660
CourtAppellate Court of Illinois
DecidedMarch 5, 1985
Docket84-716
StatusPublished
Cited by9 cases

This text of 475 N.E.2d 1006 (In Re Marriage of Paulius) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Paulius, 475 N.E.2d 1006, 131 Ill. App. 3d 343, 86 Ill. Dec. 627, 1985 Ill. App. LEXIS 1660 (Ill. Ct. App. 1985).

Opinion

PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Marion and Charles Paulius were married in July of 1970. On February 21, 1980, Marion filed a petition for dissolution of marriage. The petition contained an allegation that Charles was guilty of extreme and repeated mental cruelty toward Marion, without any fault or provocation on her part. Charles’ response to the petition denied the allegation. On March 11, 1981, Marion filed a notice of motion to present a second amended petition for dissolution of marriage. No copy of the amended petition, however, can be found in the record. An order was entered on March 3, 1982, granting Charles leave to amend his response to the petition for dissolution and to add a counterclaim for dissolution of marriage.

In his amended response, Charles admitted that he was guilty of extreme and repeated mental cruelty toward Marion. His response, however, refers to paragraphs 5, 5(a), (b), (c), (d), (e) and (f) of Marion’s petition, though there are no such subparagraphs in her original petition and no other petition is found in the record. Charles’ response further stated that Marion was guilty of the same conduct toward him, without cause or provocation on his part.

On May 26, 1982, a judgment of dissolution was entered. The judgment was entered on Marion’s petition for dissolution and Charles’ response and amendment thereto. Paragraph 3 stated that, without cause or provocation, Charles had been guilty of extreme and repeated mental cruelty. Paragraph 4 stated that, without cause or provocation, Marion had been guilty of the same conduct. The judgment also provided for custody of the children and a visitation schedule. On December 27, 1982, a supplement to the judgment was entered, taking into account evidence and testimony adduced at contested matters subsequent to the original judgment. The supplemental judgment denied Charles’ petition for modification and reduction of support, found Charles to be $15,040 in arrears based on a temporary order of support and in wilful contempt for his failure to pay that amount, and awarded certain properties to each party. On May 31, 1983, Charles filed a petition to enforce the child visitation provisions of the original judgment. An order was entered on June 15, 1983, allowing Charles’ visitation with his children. A similar order was entered on August 12,1983.

On November 1, 1983, Charles filed a petition to vacate and expunge void judgment. Charles alleged that the reciprocal findings of mental cruelty in the original judgment rendered it void on its face under the authority of In re Marriage of Eltrevoog (1982), 92 Ill. 2d 66, 440 N.E.2d 840, and, consequently, that the judgment should be vacated. Marion’s answer requested the court to deny Charles’ petition and to delete and strike the finding of mental cruelty as to Marion, nunc pro tunc as of May 26, 1982, the day the judgment was entered. On February 24, 1984, the trial court denied Charles’ petition to vacate and expunge; the court further ordered that the finding of mental cruelty as to Marion was superfluous and was therefore stricken and deleted from the judgment nunc pro tunc as of May 26, 1982. It is from that order that Charles appeals.

As additional factual matter, our examination of the record prior to oral argument disclosed references to the effect that Charles had remarried after the original judgment was entered and- before he filed his petition to vacate and expunge. In her answer to Charles’ petition to vacate, Marion alleged that Charles should be estopped — that he had no legal or equitable basis to attack said judgment directly or collaterally — for the reason that he had remarried subsequent to May 26, 1982, in reliance on the validity of the judgment and the property settlement. In his reply to Marion’s answer, Charles does not deny his remarriage, but rather asserts that remarriage does not vitalize or validate a void dissolution judgment. Finally, at the hearing on Charles’ petition to vacate, the trial court stated: “The question that I have first heard crying out for an answer is what sanctions must be imposed upon a person who allows himself to remarry, to mislead the spouse into believing that there is a valid judgment entered because of the language put in at his request, stating there is no *** contest, as to grounds, and then when the piper is to be paid, that is, the support of the family, the objections are raised so as to avoid the responsibilities of life that the law places upon an individual.”

At oral argument, Charles’ attorney was specifically asked whether there had been a remarriage. The essential tenor of counsel’s response was that any such allegation was dehors the record. Given the references to said remarriage in the record, we disagreed. Accordingly, pursuant to Supreme Court Rule 366 (87 Ill. 2d R. 366), we ordered the trial court to determine whether, in fact, Charles had remarried subsequent to the entry of the decree. Charles then filed a motion to vacate our order, which we denied. Charles then filed an emergency complaint for an order of prohibition against this court and the circuit court with our supreme court seeking to block the effect of our Rule 366 order. The supreme court denied the emergency complaint and, on December 20, 1984, an order was entered by the circuit court and filed with this court on December 21, 1984, stating that subsequent to the entry of the judgment of dissolution on May 26, 1982, Charles had in fact married one Nancy Lockwood on October 16,1982.

This appeal thus raises the question of whether a party can move to vacate an allegedly void dissolution judgment when that party has remarried subsequent to the entry of that judgment. The long-established principle in this State is that a party accepting the benefits of a divorce decree may be estopped from later challenging the validity of that decree. (See Grimm v. Grimm (1922), 302 Ill. 511, 514, 135 N.E. 19; Scase v. Johnson (1906), 130 Ill. App. 35, 36.) Numerous cases have held that a person who remarries in reliance on the validity of the prior divorce decree has accepted the benefits of that decree and is estopped from subsequently challenging its validity. In re Marriage of Gryka (1980), 90 Ill. App. 3d 443, 446, 413 N.E.2d 153, and cases cited therein.

Charles has raised two arguments in support of his position that he is not estopped to deny the validity of the judgment. First, that the essential element of equitable estoppel, good-faith reliance on the conduct of another by a party to his detriment, is lacking in that there is no proof that Marion has in any way relied on Charles’ conduct to her detriment. Second, that equitable estoppel does not apply where, as Charles here alleges, the judgment is void on its face.

Addressing Charles’ contention that an essential element of equitable estoppel, detrimental reliance, is not present here requires an examination of the conceptual underpinnings of the general rule that one who remarries in reliance on the validity of a decree is estopped from later asserting its invalidity.

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Bluebook (online)
475 N.E.2d 1006, 131 Ill. App. 3d 343, 86 Ill. Dec. 627, 1985 Ill. App. LEXIS 1660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-paulius-illappct-1985.