In re Marriage of Sessions, 2023 IL App (5th) 220586-U

1. Case citation and parties
- In re Marriage of Sessions, No. 5-22-0586, 2023 IL App (5th) 220586-U (Ill. App. Ct., 5th Dist. Feb. 9, 2023) (Rule 23 order; nonprecedential).
- Petitioner-Appellee: Stephanie A. Sessions. Respondent-Appellant: James E. Sessions.

2. Key legal issues
- Whether the trial court’s denial of respondent’s request for spousal maintenance was against the manifest weight of the evidence.
- Whether the parenting-time/allocation of parental decision-making was erroneous or contrary to the children’s best interests.
- Whether the trial court properly classified and distributed marital property (2001 Dodge Ram welding truck, a backhoe, vehicles, retirement accounts).
- Whether the trial court erred by failing to appoint counsel for the respondent.
- Whether the court abused its discretion in denying respondent’s request for attorney fees.

3. Holding/outcome
- The appellate court affirmed the trial court in all respects. Denial of maintenance, the parenting plan (which reflected the parties’ agreement), classification of the truck and backhoe as marital property, the property division, denial of appointment of counsel, and denial of attorney fees were all affirmed.

4. Significant legal reasoning (concise)
- Standard of review: factual findings reviewed for manifest weight; property division and fee awards reviewed for abuse of discretion. The panel found the trial court’s findings were supported by the record and credibility determinations were within the court’s province.
- Maintenance: respondent’s lack of current income, pending disability claim, failure to pay prior child support, and the wife’s employment and contributions supported the denial; appellant failed to show entitlement under the statutory factors.
- Parenting/decision-making: the parenting-time schedule had been agreed to by both parties; the court’s allocation of sole decision-making to the mother was supported by best-interest evidence (school counselors’ testimony, history of domestic incidents, prior orders of protection, and the mother’s role handling medical/school matters).
- Property: the court reasonably found the welding truck and backhoe were marital (possession, refinancing, use during marriage) and ordered their sale to satisfy marital debts; equitable distribution otherwise left each party with personal vehicles, retirement accounts, and allocated debts equally.
- Counsel/fees: no statutory right to appointed counsel in dissolution; fee denial was not an abuse absent proof of necessity and reasonableness.

5. Practice implications for family law attorneys
- Obtain and memorialize parenting-time agreements; appellate courts give deference when parties consent.
- Develop clear evidentiary records on income, disability status, and efforts to obtain employment when pursuing or opposing maintenance.
- Carefully trace and document acquisition, refinancing, payments, and use of assets to support nonmarital vs marital classification.
- When seeking attorney fees, present concrete proof of need and reasonableness; credibility findings and discretionary rulings are hard to overturn.
- Domestic-violence history and who has handled children’s medical/school matters are influential in decision-making allocations.