In re Marriage of Hightower
Appellate Court of Illinois
830 N.E.2d 862 (Ill. Ct. App. 2005)
Relevant factsFree
Belinda Hightower (plaintiff) discovered that Larry Hightower (defendant) had committed adultery, but the couple kept living together and having sexual relations for several years afterward. Larry claimed Belinda had forgiven the affair. Belinda later filed for fault-based divorce based on that same adultery. The trial court denied her petition, finding Larry had established the affirmative defense of condonation, and Belinda appealed.
IssueFree
Whether condonation — forgiveness of marital misconduct on the condition it will not recur — is a valid affirmative defense to a claim for fault-based divorce grounded in the forgiven conduct.
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