In re Marriage of Walters

This appeal is brought seeking review of an order of the circuit court of Kankakee County which set aside that court’s prior judgment dissolving the marriage of Dawnette S. Walters and James L. Walters. At issue is the application of section 401(3) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1983, ch. 40, par. 401(3)), as that statutory enactment was construed by In re Marriage of Cohn (1982), 93 Ill. 2d 190, 443 N.E.2d 541, a recent decision of our supreme court.

On July 16, 1980, Dawnette S. Walters filed in the circuit court a petition for dissolution of her…