In re Marriage of Riaz
Court: Illinois Appellate Court | Published: 6/3/2025
Marriage
Quick Summary:
<h3>Case Summary: In re Marriage of Amerah Riaz</h3>
<strong>Court:</strong> Appellate Court of Illinois, First Judicial District<br>
<strong>Case Number:</strong> 2025 IL App (1st) 241295-U<br>
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Full Case Summary
Case Summary: In re Marriage of Amerah Riaz
Court: Appellate Court of Illinois, First Judicial DistrictCase Number: 2025 IL App (1st) 241295-U
Date: June 3, 2025
Background
Petitioner Amerah Riaz and respondent Kashif Riaz were married for 11 years and have one child. After filing for divorce on March 1, 2017, they entered into a marital settlement agreement. The respondent, who suffered from severe medical conditions following a gunshot injury, failed to disclose a potential medical malpractice claim against Northwestern Hospital during the divorce proceedings.Judgment
The appellate court reversed the trial court's dismissal of Amerah's petition for a share of Kashif's medical malpractice settlement, which amounted to $3.85 million. This claim was categorized as an undisclosed marital asset, as it was not revealed during the dissolution proceedings.Further Proceedings
The case has been remanded for further proceedings regarding the undisclosed asset. The trial court was found to have erred in its interpretation of the marital settlement agreement, particularly concerning asset disclosure and the waiver of rights to undisclosed assets.Legal Considerations
The appellate court reviewed the dismissal under sections 2-615 and 2-619 of the Illinois Code of Civil Procedure, examining whether the complaint stated a cause of action and whether any defects could lead to dismissal. The court upheld that the medical malpractice claim was indeed a marital asset and emphasized the importance of full asset disclosure as stipulated in the marital settlement agreement.Conclusion
The appellate court concluded that the respondent did not meet the burden of proving that the petitioner had waived her claim, resulting in the decision to reverse the trial court's order and remand for further proceedings regarding the allocation of the undisclosed marital asset. The case underscores the legal requirement for full disclosure in marital agreements and the repercussions of failing to do so.Ask AI About This Case
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