In Re Marriage of Sutton

The petitioner, Emily S. Sutton, petitioned the circuit court of Peoria County for modification of a judgment entered earlier for legal separation. The court granted the motion of her husband, Robert L. Sutton, the respondent, to dismiss the petition. The court held that under the terms of a legal separation agreement relating to, inter alia, monthly maintenance for Emily, the judgment could not be modified without the consent of both parties. The appellate court reversed and remanded (178 Ill. App. 3d 928), and we granted the respondent’s petition for leave to appeal under Rule 315 (107 Ill.…