Illinois Laws?? Motion to Vacate

[xo Ali]

Okay, now I am really steamin'
My divorce was final (as in signed,sealed and delivered) on July 26,2000. In part, the settlement that was reached included my posession & total ownership of one of our cars, with the balance due to the bank to be paid by my spouse within 30 days of the divorce. Within that time limit, he has decided that 'he didn't realize' that HE was to pay for the car. He contacted his attorney and they have filed a motion to vacate that portion of the settlement, stating 'a misunderstanding'!!! To add to this total mess...he got married one week after our divorce.
My contention is that as long as he is has married, he has compounded his position. (so to speak
How could it be possible to open up the divorce settlement with no just cause or reason for change...when he is now married and wouldn't he have to annul the marriage first? So, now I ask you....has anyone heard of such case law? Oh, let's put things in proper perspective...my spouse...the one that didn't realize what he was signing...is the seated State's Attorney for this county. hmmmm.
thanks in advance.
leave a note or write to
[email protected]

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xo Ali

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by xo Ali:
Okay, now I am really steamin'
My divorce was final (as in signed,sealed and delivered) on July 26,2000. In part, the settlement that was reached included my posession & total ownership of one of our cars, with the balance due to the bank to be paid by my spouse within 30 days of the divorce. Within that time limit, he has decided that 'he didn't realize' that HE was to pay for the car. He contacted his attorney and they have filed a motion to vacate that portion of the settlement, stating 'a misunderstanding'!!! To add to this total mess...he got married one week after our divorce.
My contention is that as long as he is has married, he has compounded his position. (so to speak
How could it be possible to open up the divorce settlement with no just cause or reason for change...when he is now married and wouldn't he have to annul the marriage first? So, now I ask you....has anyone heard of such case law? Oh, let's put things in proper perspective...my spouse...the one that didn't realize what he was signing...is the seated State's Attorney for this county. hmmmm.
thanks in advance.
leave a note or write to
[email protected]

<HR></BLOCKQUOTE>


My response:

He can scream all he wants. When the agreement was signed by him, the presumption was that he read and understood it. This will weigh heavily against him, moreso, because he is an attorney himself, and had an attorney represent him in the matter. His counsel is scrambling because that attorney may have made a mistake. I don't believe your ex is going to be able to have that, or any portion, of the agreement overturned. There is no justifiable reason.

IAAL


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[xo Ali]

Oh thank God...and thank you, too!!
Have a wonderful rest of the week!

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by xo Ali:
Oh, let's put things in proper perspective...my spouse...the one that didn't realize what he was signing...is the seated State's Attorney for this county. <HR></BLOCKQUOTE>

I like posts like this.. "didn't realize what he was signing"