In re Marriage of Breashears

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2016 IL App (1st) 152404
Decision Date: 
Monday, October 17, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed and remanded with directions.
Justice: 
HARRIS

Appropriate circumstances existed for granting husband's emergency petition for bifurcated judgment of dissolution. Husband had been diagnosed with skin cancer and had, 6 weeks prior to filing his emergency petition, been advised by his doctor that he had 6-12 months to live. Husband died 3 weeks after court entered order dissolving marriage while reserving ruling on marital estate. Impending death of a party can be an "appropriate circumstance" for entry of bifurcated judgment of dissolution. Trial court is in best position to determine how petitioner's actions would affect marital estate and the respondent.(CONNORS and MIKVA, concurring.)