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West v. West

OPINION FILED AUGUST 11, 1978.

ROBERT BOYD WEST, PLAINTIFF-APPELLEE,

v.

EVELYN LUCILLE WEST, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Macon County; the Hon. JOSEPH C. MUNCH, Judge, presiding.

MR. JUSTICE REARDON DELIVERED THE OPINION OF THE COURT:

Rehearing denied September 5, 1978.

The defendant, Evelyn Lucille West, appeals certain provisions of a purported "JUDGMENT FOR DIVORCE" which was entered on November 2, 1977, subsequent to the effective date for the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, par. 101 et seq.). By its own terms, the judgment granted the following relief:

"(1) the parties' marriage was dissolved:

(2) custody of the parties' minor child was granted to defendant, and plaintiff was given the right of reasonable visitation;

(3) plaintiff was ordered to pay $50 weekly support of the child, plus all reasonable medical and dental expenses for the child;

(4) defendant was awarded $900 monthly alimony;

(5) the marital home and its furnishings were ordered sold with the proceeds to be divided equally between the parties after satisfaction of the mortgage thereon;

(6) plaintiff was declared the sole owner of the property on which Tryco Manufacturing Company is located;

(7) plaintiff was ordered to pay defendant's $6,000 attorney fees, plus court costs;

(8) defendant's counterclaim for separate maintenance was dismissed and plaintiff was barred from collecting alimony from the defendant."

On appeal, defendant identifies the issues as follows: (1) The Illinois Marriage and Dissolution of Marriage Act which took effect on October 1, 1977, governs this case; (2) the evidence presented at trial fails to establish a ground for divorce; and (3) the court abused its discretion in its order relating to child support, alimony, and the parties' property. For the purposes of this appeal, however, we need only address the first two issues.

Section 801(b) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, par. 801 (b)) provides:

"This Act applies to all pending actions and proceedings commenced prior to its effective date with respect to issues on which ...


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