Husband filed for dissolution of marriage, after parties had entered into postmarital agreement. He later filed breach of contract action against his wife, alleging she breached their postmarital agreement and he suffered monetary damages as a result. Husband's expense of defending wife's challenge to postmarital agreement was a legal expense connected with the dissolution. Agreement required husband to pay his own legal expenses for dissolution. Court properly found that Plaintiff's complaint failed to state a claim on which relief could be granted, and properly dismissed complaint because another action (dissolution proceeding) was pending with the same parties and the same cause, and because dissolution action was appropriate forum for husband to seek attorney fees. Court erred in finding that it lacked jurisdiction to decide wife's motion for sanctions. (HOLDRIDGE and LYTTON, concurring.)
Illinois Appellate Court
Civil Court
Dissolution of Marriage