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In re Marriage of Hightower

Illinois Appellate Court

830 N.E.2d 862 (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. Larry filed a counterpetition for a no-fault divorce based on irreconcilable differences. He argued that Belinda's prior forgiveness of his infidelity supported the affirmative defense of condonation, preventing a fault-based divorce dependent on the adultery. The trial court agreed with Larry and granted the divorce on the ground of irreconcilable differences. Belinda appealed to the Illinois Appellate Court.

Rule of Law

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Issue

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Holding and Reasoning (Grometer, 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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