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D.M. Siegel, Attorney
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Chicago, IL 60603
773-276-6969

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April 28, 2007

Remarriage Cases In Illinois

Filed under: Uncategorized, Remarriage — davidmsiegel @ 9:23 am

 Where the petitioner agreed to a modified judgment after the respondent had remarried, implicit in the agreement was a waiver of the remarriage provision.  In re Adamson
 Remarriage of the parties does render the prior divorce decree unenforceable.  In re Parks
 The first Illinois case to discuss the effect of a remarriage upon a prior divorce decree is In re Marriage of Leon, where the court held that the trial court in a first divorce action is divested or further jurisdiction with regard to the division of property upon the subsequent remarriage and redivorce of the parties.  In re Parks
 The term “remarriage” as it appears in this section means the ceremony of marriage and not the status or marriage, and the declaration of the invalidity of petitioner’s remarriage did not act to reinstate the maintenance obligation.  In re Harris
 Marriage settlement agreements may extend maintenance payments beyond the recipient’s remarriage.  Broadway bank v. Kakos
 Remarriage of the recipient spouse does not automatically reduce an unallocated award of maintenance and child support; rather, as is required in other cases where a modification is sought, the party desiring the reduction must petition the court to modify its prior decree.  In re Erickson
 Where ex-husband ceased his alimony payments on the remarriage of his ex-wife but voluntarily resumed his alimony payments upon the judicial declaration of invalidity of his ex-wife’s remarriage, the actions of the parties evidenced an intent that the term remarriage, as used in the parties’ decree of divorce, referred to a status of marriage rather than a ceremony of marriage.  Thomas v. Thomas
 The trial court properly denied former husband retroactive recovery of a portion of the monthly payments made to former spouse during the period she resided with her present husband before her marriage, where the payments were characterized as child support.  In re Kessler
 The provisions of a consent decree that the husband pay each year for two plastic eyes required by the wife violated the public policy against payment of alimony and maintenance after remarriage and was therefore a nullity. Balasa v. Balasa

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D.M. Siegel, Attorney
19 S. Lasalle Street
Suite 707
Chicago, IL 60603
773-276-6969