Legal Memorandum: Appellant’s burden to show discretionary abuse by circuit court

Issue: Under Illinois law, on appeal what is the standard of review applied to a division of retirement assets in a marriage dissolution case?

Area of Law: Uncategorized
Keywords: ; Abuse of Discretion; Burden of Proof; Marriage Dissolution
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

The burden [of proof];  is on the appellant to show why the circuit court’s judgment was an abuse of discretion. See Smith v. Smith, 36 Ill.App.2d 55, 59 (1962). When a party fails to meet this burden and she or he cannot expect this court to step in and assume the duty. "A reviewing court is entitled to have the issues clearly defined and supported by pertinent authority and cohesive arguments; it is not merely a repository into which an appellant may ‘dump the burden of argument and research,’ nor is it the obligation of this court to act as an advocate or seek error in the record." U.S. Bank v. Lindsey, 397 Ill.App.3d 437, 459 (2009) (quoting Obert v. Saville, 253 Ill.App.3d 677, 682 (1993)).

In re Marriage of Weger, No. 5-15-0141, 2016.IL.0000241 (Ill. App. Dist. 5 02/02/2016) (VersusLaw).

Date: March 1, 2016