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In Re Marriage of Ducey

OPINION FILED NOVEMBER 20, 1981.

IN RE MARRIAGE OF SALLY A. DUCEY, PETITIONER-APPELLEE, AND C. PATOUT DUCEY, RESPONDENT-APPELLANT.


APPEAL from the Circuit Court of St. Clair County; the Hon. GEORGE FILCOFF, JR., Judge, presiding.

MR. JUSTICE WHITE DELIVERED THE OPINION OF THE COURT:

Rehearing denied December 17, 1981.

This is an appeal by the husband from a judgment awarding dissolution to both parties and providing for a division of the marital property, custody of the children of the parties, child support and other relief. The appellant raises the following issues on appeal:

1. The court erred in conducting a hearing on temporary support.

2. Petitioner failed to prove grounds.

3. The trial court erred in entering judgment for dissolution while reserving other issues for subsequent hearing.

4. The trial court erred in awarding child custody, child support, maintenance and marital property to the petitioner.

The evidence shows that the parties were married on June 27, 1969, in Randolph County, Illinois. They were separated in January 1979. Two children were born to the marriage, both of whom were residing with the petitioner at the time of the hearing on the grounds held on December 13, 1979. The testimony regarding the grounds is as follows:

"MR. CAREY: All right. You've alleged in your petition, Mrs. Ducey, that the Respondent has been guilty of acts of extreme and repeated cruelty. Would you please specify these grounds to the Court at this time? Can you give us some specific details?

A Well, just continual arguing, and just unable to get along with him.

Q Has he caused you any emotional upset?

A Yes.

Q I believe that you have acquired both real and personal property as a result of this marriage, is that correct?

MR. DUCEY: Wait. If that's the grounds, then I think you better ask her about the physical effects of the acts if ...


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