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Norris, Respondent-Appellant. December 23, Rehearing Denied February 24, Senechalle, Jr.


In Junethe case proceeded to trial.

Newsletter up to receive the Free Law Project newsletter with tips and announcements. We therefore find that the trial court did not abuse its discretion in finding that respondent did not transmute nonmarital property salira marital property or dissipate marital assets during the years through Respondent further contends that the trial court erred in finding that it had subject matter jurisdiction over this action.

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We affirm. In re Marriage of JonesIll.

Senechalle, Jr. Here, respondent has requested this court to vacate the personall court's order and dismiss this case. The party seeking an award for prospective attorney fees must show that he or she cannot afford to pay and that the other spouse can afford to do so. The trial court found that petitioner spent 7 years working on and preserving the parties' only asset, while respondent had squandered millions of dollars on drugs, alcohol, women and poor business decisions.

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Petitioner further argues that although money saalida received from his trust funds during this time began as nonmarital property, the assets were transmuted to marital property after they were deposited into the parties' t bank. In response, petitioner argued that respondent had many ties with Illinois. For the foregoing reasons, we affirm the ruling of the circuit court.

Petitioner testified that with the additional capital she would be able to expand the ranch business and generate long-term income. Petitioner testified that in she moved to Mexico to live with respondent. Respondent alleged that he was not a resident of Illinois when the suit was womem or when he was served with summons. Respondent was served with summons in Purcell, Oklahoma, on January 22, Based on this evidence, a finding by the trial court that the marriage was not undergoing an irreconcilable breakdown in through is not against the manifest weight of the evidence.

Petitioner cross appeals, contending that the trial court erred in finding that respondent did not dissipate marital assets during the years to In this case, we do not believe that the monthly maintenance awarded by the court was an abuse of discretion.

On November 12,respondent filed a special and limited appearance and a motion to quash the service of summons. Neale35 Ill.

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The purpose of this rule was stated salia McDonald v. John W. The parties permanently separated in In her petition, she alleged that respondent lived on leased property in Lemont, Illinois.

Respondent failed to appear at the trial, or for any of the other proceedings, despite having received Supreme Court Rule notices. Peronal did not cross-examine petitioner on her affidavit nor did he file a brief on this issue as requested by the trial court. We therefore find that respondent is estopped from challenging his divorce decree on the grounds of lack of subject matter and personal jurisdiction.

The affidavit further alleged that respondent was a resident of Purcell, Oklahoma, when petitioner filed prsonal petition for dissolution of marriage.

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The only item of marital property was a ranch in Arizona, where respondent has resided since In the case at bar, petitioner asked the trial court for a specific amount of fees and presented evidence concerning the cost to defend this appeal. At the time this proceeding was filed, and at the time of trial, petitioner was a resident of Phoenix, Arizona. However, "prospective awards should be made cautiously and are to be based upon some viable evidentiary basis.

The distribution of marital property rests within the sound discretion of the trial court and its decision will not be disturbed absent an abuse of discretion.

In light of the unrebutted facts set forth in the record, and the factors in section d of the Act, we cannot conclude that the trial court abused its discretion in awarding petitioner the Arizona ranch. Turning to the merits of the dissolution order, respondent contends that the trial court abused its discretion in awarding petitioner the Arizona ranch and ordering respondent to pay all debts associated with the property. Dissipation is the use of marital property for one spouse's sole benefit or for a purpose unrelated to the marriage at a time when it is undergoing an irreconcilable breakdown.

The trial court stated that the testimony showed that respondent peronal to continue to receive his inheritance and to use it in a manner that he had used it prior to the marriage, and that is basically for his benefit. Respondent also contends that the trial court erred in awarding prospective attorney fees to respondent. Lastly, prospective awards "rest within the sound discretion of the trial court and will wlmen be disturbed on appeal absent and abuse of that discretion.

On appeal, respondent contends that the trial court erred in finding that he was subject to personal jurisdiction pursuant to the Illinois statute.


She further stated that respondent was engaged in the business of training horses. In support of his motion to quash, respondent filed an affidavit and exhibits which established that respondent had vacated the leased property in Lemont, Illinois, in October During oral arguments before this appellate court, respondent's attorney admitted that respondent had remarried.

She argued that pegsonal was the recipient of trust income held at a Chicago bank. Petitioner testified that respondent is an heir to the estate of Bet-a-Million Gates, the inventor of barbed wire.

Petitioner and respondent were married on May 22,in Salida, Colorado. Further, "[a]n abuse of discretion occurs only when no reasonable person would take the view adopted by the trial court.

The hearing on petitioner's request for attorney fees lasted 2 days, as long as the trial itself. During this time, petitioner testified, the parties talked about "ending up together. Prior to acquiring the ranch, petitioner resided on the property under a lease with an option to purchase. The lease was to run through April She further testified that respondent perspnal visited her inand Petitioner also stated that she was ppersonal good health and that she was taking care of boarding horses and doing "ranch hand type of work.

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