In re Marriage of Weeks, 2021 IL App (5th) 200043-U

- Case citation and parties
In re Marriage of Weeks, No. 5-20-0043, 2021 IL App (5th) 200043-U (Feb. 18, 2021). Petitioner-Appellee: Kimberly A. Cabaness (formerly Weeks). Respondent-Appellant: Gregory D. Weeks. Appeal from Saline County circuit court.

- Key legal issues
1) Whether a circuit court may grant summary judgment on a section 2-1401 petition to vacate a dissolution judgment that incorporated a marital settlement agreement (MSA).
2) Whether equitable considerations permit relaxation of the 2-1401 due-diligence/time limits absent an evidentiary hearing when there are disputed facts about voluntariness, coercion, nondisclosure, and the parties’ knowledge of marital assets.

- Holding/outcome
The appellate court reversed the circuit court’s grant of summary judgment in favor of Wife on her 2-1401 petition to vacate the portion of the dissolution judgment that incorporated the MSA, and remanded for further proceedings (including an evidentiary hearing).

- Significant legal reasoning
The court emphasized that section 2-1401 relief requires the petitioner to show by a preponderance of the evidence that grounds exist to vacate a prior judgment (e.g., fraud, duress, mistake, newly discovered evidence) and that petitioners must generally act with due diligence. However, equitable considerations can excuse lack of strict diligence in appropriate circumstances. Where material factual disputes exist about the circumstances surrounding execution and court acceptance of an MSA—here allegations of coercion, long-term abuse, lack of counsel, limited colloquy, concealment/non-disclosure of asset values (MSA specified cash payments but not asset valuations), and claims that the marital estate was far larger—summary judgment is inappropriate. The appellate court held an evidentiary hearing is required to weigh credibility and the totality of facts before determining whether equity justifies relaxing due diligence and granting 2-1401 relief.

- Practice implications (for attorneys)
- On dissolutions: ensure a full on-the-record colloquy when parties proceed unrepresented or waive counsel; probe voluntariness, knowledge of assets, and independent advice where large estates are divided.
- For drafting MSAs: include meaningful disclosures or attach schedules with valuations; avoid sealing critical items without an evidentiary basis.
- For defending or pursuing 2-1401 petitions: expect courts to deny summary disposition where factual disputes exist about coercion, nondisclosure, or abuse—prepare for an evidentiary hearing with evidence on asset valuations, communications, and coercive conduct.
- For trial courts: avoid resolving credibility-intensive 2-1401 claims on summary judgment; an evidentiary hearing is generally required when voluntariness and equitable relief are contested.