In re Marriage of Yelton

The petitioner, Mary Ann Yelton, obtained a divorce from the respondent, David Holtzman, after 12 years of marriage. At the time the trial judge entered the order of dissolution, he was unaware that David had Alzheimer’s disease. As a result, he distributed the marital assets in accordance with a stipulated "marital settlement agreement” (the Agreement) entered into by the parties. Subsequently, a guardian was appointed for David. Pursuant to the guardian’s petition pursuant to section 2—1401 of the Code of Civil Procedure (735 ILCS 5/2—1401 (West 1994)), a different judge declared the…