In re Marriage of Engst

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (4th) 131078
Decision Date: 
April 3, 2014
District: 
4th Dist.
Division/County: 
McLean Co.
Justice: 
HARRIS
Holding: 
Affirmed.
Court properly granted wife's petition for exclusive possession of marital residence. Ruling was not against manifest weight of evidence, in finding that children were being exposed to highly negative situation and were suffering due to parents' arguing, sufficient to find that mental health of wife or children was jeopardized by both spouses' occupancy of marital residence. As said petition was not a pleading but a motion for temporary relief, it was not subject to dismissal per Section 2-615 of Code of Civil Procedure, and court properly denied husband's Section 2-615 motion to dismiss it.(TURNER and STEIGMANN, concurring.)