In re Marriage of Potenza

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Case Number: 
2020 IL App (1st) 192454
Decision Date: 
Thursday, December 31, 2020
1st Dist.
Cook Co., 1st Div.
Affirmed in part, vacated in part, and reversed in part; remanded.

Court entered final judgment on petition for divorce. Court properly granted husband's uncontested motion for bifurcation.Court properly barred wife's testimony and exhibits as a sanction for discovery violations. By voluntarily leafving the courtrom during trial, wife forfeited her objections to hearsay evidence and to court's failure to state in its written order the classification of all property as marital or non-marital. Order awarding fees to the guarian ad litem who worked on a prior case involving the same parties is vacated. Transfer of custody order is reversed, as husband did not follow statutory procedures for transfer of custody. Trial court shall expeditiously conduct a hearing as to best interest of children. Court's order making husband the temporary custodial parent is upheld. Court's finding of no adequate grounds for substitution of judge is not against manifest weight of evidence.    (HYMAN and COGHLAN, concurring.)