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In re Marriage of Hightower

Appellate Court of Illinois
830 N.E.2d 862 (Ill. Ct. App. 2005)

Facts

Larry Hightower (defendant) and Belinda Hightower (plaintiff) were married. Belinda discovered that Larry had committed adultery. The Hightowers continued living together for several years after this revelation and continued having sexual relations. Larry claimed that Belinda had forgiven him for the adultery. Belinda filed a petition for fault-based divorce based on Larry’s adultery. The trial court denied the petition for divorce, ruling that Larry had established the affirmative defense of condonation. Belinda appealed.

Rule of Law

Issue

Holding and Reasoning (Grometer, J.)

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