In re Marriage of Tomlins, 2013 IL App (3d) 120099

1. Case citation and parties
- In re Marriage of Tomlins, 2013 IL App (3d) 120099 (3d Dist. Jan. 14, 2013).
- Petitioner-Appellee: Margaret Tomlins. Respondent-Appellant: Christopher Glenn.

2. Key legal issues
- Whether the trial court erred in finding statutory grounds (irreconcilable differences) to dissolve the marriage.
- Whether the entry of a bifurcated judgment of dissolution was proper and appealable (jurisdictional question; interplay of Ill. S. Ct. Rules 301 and 304(a)).
- Whether procedural defects (failure to afford opportunity to be heard on bifurcation) vitiated the bifurcated judgment.

3. Holding/outcome
- Affirmed. The appellate court upheld the trial court’s finding of irreconcilable differences and the entry of a bifurcated judgment. The court concluded it had jurisdiction to hear the appeal under Rule 301.

4. Significant legal reasoning
- Grounds for dissolution: The petitioner (sole witness) presented a long history of separations, recurrent marital conflict, physical incidents (including testimony of domestic violence and an admission by husband that he hit a child), cessation of sexual relations, and the negative impact on the children. The trial court’s factual finding that the marriage was irretrievably broken was supported by this record and not against the manifest weight of the evidence.
- Bifurcation and jurisdiction: The court rejected the view that a Rule 304(a) finding is prerequisite to appeal a bifurcated dissolution, holding instead that the decision to enter a bifurcated dissolution is a final, appealable order under Rule 301. The appellate panel relied on Bogan and subsequent authority to conclude finality exists when marital status is resolved even if ancillary matters are reserved.
- Procedure: After the trial court recognized it had not given the husband an opportunity to be heard on bifurcation, the court re-heard arguments and reaffirmed bifurcation; that cure preserved the ruling.

5. Practice implications (brief)
- Bifurcated dissolution orders resolving marital status are appealable as final under Rule 301; counsel should not assume Rule 304(a) language is necessary, but a clear on-the-record finding is prudent.
- Preserve timely objections to bifurcation and request an opportunity to be heard; if omitted, seek prompt re-argument or a corrective hearing.
- Irreconcilable differences can be proved by cumulative evidence (repeated separations, reconciliation attempts, domestic violence, impact on children, cessation of intimate relations). Make a full factual record on these points when seeking or defending dissolution.