In re Marriage of Haleas, 2017 IL App (2d) 160799 (April 13, 2017), represents a watershed case for alternative dispute resolution in Illinois divorce cases.
There have been no appellate court cases in Illinois involving the issue of arbitration clauses in Illinois’ initial divorce cases. In this case, the parties had agreed to resolve the issues involving property and maintenance through binding arbitration. In August 2016, the trial court confirmed the arbitration award and entered a judgment for divorce incorporating this award. The now former wife appealed and the appellate court affirmed. The appellate court was clearly frustrated with the arguments made on appeal where it concluded:
The limits of the case are clear:
Gunnar J. Gitlin*