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Hewitt v. Hewitt

Illinois Supreme Court
77 Ill. 2d 49 (1979)


Facts

Victoria Hewitt (plaintiff) and Robert Hewitt (defendant) lived in an unmarried, family-like relationship for 15 years during which they held themselves out to the public as husband and wife, three children were born, and significant financial wealth and assets were amassed. After the relationship deteriorated, Victoria filed for divorce and sought a division of the parties’ assets. The trial court dismissed Victoria’s complaint, holding that Illinois law prevented the court from providing relief. Victoria appealed. The appellate court reversed, noting that because the couple held themselves out as husband and wife Victoria should be entitled to some relief. Robert appealed. The Illinois Supreme Court granted certiorari to review.

Rule of Law

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Issue

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Holding and Reasoning (Underwood, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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