In re Marriage of Jones, 2025 IL App (1st) 250259-U
Property Division Requires Complete Asset Consideration
Illinois Appellate Court affirmed unequal parenting time and sole decision-making authority based on high parental conflict and child's special needs, but reversed property division for failing to consider all marital assets and adjudicate dissipation claims. Courts must comprehensively address all financial issues before final distribution.
Facts
Ryan Jones and Lindsay Thai Le Jones divorced with disputes over custody of their autistic child and property division. The trial court awarded Ryan unequal parenting time and sole decision-making authority, but the property and maintenance determination was appealed. This is a Rule 23 non-precedential appellate decision.
Issue
Whether the trial court abused its discretion in custody allocation and properly addressed all marital property and dissipation claims.
Holding
The court affirmed the custody decision based on evidence of parental conflict and the child's special needs. However, it reversed the property division because the trial court failed to consider all marital assets, properly classify property, and adjudicate dissipation claims requiring remand for reconsideration.
Key Reasoning
- High-conflict custody cases with special needs children justify unequal parenting time when supported by GAL and expert testimony
- Trial courts must consider all marital assets and cannot omit assets from the record without explanation
- Dissipation claims by both parties must be adjudicated before final property distribution
- Maintenance determinations require current income evidence rather than outdated financial data
Practical Impact
For Petitioners
Document all marital assets thoroughly and present current income evidence; use expert witnesses and GALs in high-conflict custody cases
For Respondents
Challenge incomplete asset inventories and demand adjudication of all dissipation claims before accepting property settlements
When This Applies
Applies when trial courts fail to address all marital property or dissipation claims; custody holdings limited to high-conflict cases with special needs children
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