In Re Marriage of Romashko

571 N.E.2d 995, 212 Ill. App. 3d 1018, 156 Ill. Dec. 1015, 1991 Ill. App. LEXIS 631
CourtAppellate Court of Illinois
DecidedApril 19, 1991
Docket1-89-3531
StatusPublished
Cited by7 cases

This text of 571 N.E.2d 995 (In Re Marriage of Romashko) 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 Romashko, 571 N.E.2d 995, 212 Ill. App. 3d 1018, 156 Ill. Dec. 1015, 1991 Ill. App. LEXIS 631 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RAKOWSKI

delivered the opinion of the court:

The action below was one for the dissolution of a 23-year marriage between petitioner-appellee Dolores Romashko (Dolores) and respondent-appellant Nicholas Romashko (Nicholas). Nicholas and his attorney failed to appear at trial, and judgment for dissolution of marriage was entered against Nicholas after an ex parte hearing. Within 30 days of the entry of judgment, Nicholas filed a motion to vacate the entry of judgment. The trial court denied this motion except with respect to one issue involving whether Nicholas’ credit union account was a marital property. A hearing on this matter was subsequently had. The trial judge then affirmed her earlier finding that the credit union account was in fact a marital property. Nicholas appeals the entry of judgment, requesting that this court reverse the entry of judgment, remand the matter for a new trial and classify the credit union account as nonmarital property. We reverse and remand the matter, while leaving the trial court’s finding on the credit union account intact.

The pertinent facts to this appeal are as follows. Dolores filed her petition for dissolution of marriage against Nicholas in February of 1986. On October 14, 1987, Judge Gustafson entered an order setting the case for trial on January 7, 1988, before Judge McNulty. The order provided that emergency motions for continuance of trial, supported by affidavit, must be presented at least 48 hours prior to trial.

On the date of trial, Dolores and her counsel appeared, but neither Nicholas nor his counsel, James Reagan, appeared. Dolores’ counsel informed the court that Reagan had called him and asked him to continue the case, which Dolores’ counsel could not agree to. The reason Reagan needed the case continued was because Reagan had an emergency matter in another case before the appellate court in Elgin, Illinois. The trial judge, noting the failure to provide the two days’ notice required by the order setting the matter for trial, ruled that she would not grant a continuance and proceeded to trial.

At the trial, Dolores testified that she and Nicholas were married in 1965 and have two children, Nicolette, who was a college student at the time of trial, and Todd, who was a high school senior at the time of trial. Dolores testified that Nicholas engaged in mental and physical cruelty during their marriage, without any cause on her part. Dolores and Nicholas own a residence in Morton Grove in joint tenancy, which is worth about $95,000 and has an outstanding mortgage of about $5,000. Dolores’ mother had loaned the couple $5,000 to buy the property — $3,000 of which was still owed.

Dolores, who was employed during the marriage and contributed money toward maintaining the home, further testified regarding a PaceSetter Federal Credit Union account. Nicholas, according to Dolores, had $25,088.77 in this account and these funds had been acquired during the marriage. The funds were no longer in the account at the time of trial, however. Dolores testified that Nicholas had cashed a life insurance policy which was paid from funds acquired during the marriage. Nicholas received $3,100 from the policy. Dolores drove a 1979 Dodge St. Regis, while Nicholas drove a 1981 Chevrolet truck. Dolores waived maintenance, and during the course of the trial Dolores’ attorney advised the court that Nicholas earned $7 an hour as a maintenance person for United Airlines.

The trial court then made the following oral ruling: that grounds existed to dissolve the marriage; that each party should receive 50% of the proceeds from the sale of the house; that Dolores should receive, from Nicholas’ share of the proceeds from the sale of the house, 50% of what had been in the credit union account, 50% of the $3,000 owed to Dolores’ mother, and 50% of the $3,100 insurance policy proceeds; and that Dolores was entitled to the Dodge automobile and 50% of the furniture and furnishings from the house. No written order was entered.

On January 21, 1988, 14 days after the ex parte hearing, Nicholas filed a written motion to vacate. Nicholas’ attorney, Reagan, also filed an affidavit which stated that he was unable to be at the trial because the day before the trial he became aware that he would need to present an emergency motion to consolidate appeals in another case he was handling before the Second District Appellate Court in Elgin. Reagan averred that he had tried to reach Dolores’ attorney to inform him of the need for a continuance the day before the trial in the instant matter, but Dolores’ attorney was not in the office. The morning of the trial Reagan did contact Dolores’ attorney, and at this time was informed that though the trial judge would be informed of Reagan’s predicament, Dolores’ counsel could not agree to have the trial continued. While the motion was brought as an emergency matter, the trial judge indicated that the motion should be brought on the court’s regular call, and Nicholas did not receive a hearing on the motion until June 13, 1988. At this time, Reagan argued that the ex parte rulings should be vacated because Nicholas had a meritorious defense and Dolores had concealed some of her assets from the court. The trial judge indicated that the only issue before her was whether there was a good reason for Nicholas’ failure to attend the trial, and eventually ruled that such a reason did not exist.

The trial judge ruled that the judgment for dissolution of marriage was to be entered, and judgment was in fact entered. Next, on July 11, 1988, Nicholas filed a written motion to vacate the judgment. In this motion, Nicholas argued that Dolores had failed to inform the court about certain marital assets within her control. Dolores had, at her deposition, testified that she had a vested pension in the amount of $24,000, personal bank accounts, a life insurance policy and additional policies on the children’s lives, and savings bonds. Nicholas further argued that the money in the PaceSetter account had been his own, nonmarital funds, as opposed to a marital asset. The trial court denied the motion to vacate the judgment, excepting that the court ordered a hearing on the issue of whether the PaceSetter account was a marital asset or not.

On March 14, 1989, a hearing was conducted to determine if the PaceSetter account was a marital asset or not. Nicholas testified that when he was a teenager, he worked stripping down machines, and that during this time he saved about $4,000. He kept this money at his home. From 1959-1963, Nicholas served in the United States Navy. During this time he saved about $12,000, which he also kept in cash at his mother’s home. In 1961, Nicholas married Barbara Meyers. The wedding was paid for by the parents of the bride and groom. Nicholas and his first wife received $7,000 in wedding gifts, which, again,. he kept at his parents’ house. Nicholas was divorced from his first wife in 1964, but he kept the wedding gift money.

After he left the service, Nicholas further testified, he lived with his parents for two years, during which time his parents supported him — paying for his meals and vacations. He worked as a lithographer during this time, and also as a hobby made two boats, which he sold for $1,200 and $800, respectively. He also sold a motorcycle for $1,800 during this time.

On July 10, 1965, Nicholas married Dolores.

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Bluebook (online)
571 N.E.2d 995, 212 Ill. App. 3d 1018, 156 Ill. Dec. 1015, 1991 Ill. App. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-romashko-illappct-1991.