Wilke v. Wilke

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

Plaintiff instituted divorce proceedings against his wife (defendant) in September 1974, alleging mental cruelty. After an ex parte hearing, a divorce decree in plaintiff’s favor incorporating a written property settlement agreement was entered by default in December 1974. Ten months later, defendant filed a petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 72), requesting the court to vacate the property settlement and child custody provisions of the decree.

In an evidentiary hearing on the…