Legal Question in Family Law in Illinois

We live in Illinois. A promissory note was signed between husband and wife at a prenuptial meeting in lawyers offices in 2001. The husband was the lender and the prenup was only written for the reasons of a possible divorce. The wife signed a promissory note for 1/2 of the down payment on their new home In 2010 she filed for divorce Well, we aSr still in court trying to tie up all loose ends. Now we r being told by opposing counsel that there is a statute of limitations in Illinois of 10 years. Well, our question is, 10 years from when??? From the signing, or from the date of divorce filing?? Why would the husband ever ask for payments on a promissory note from his wife, if they were happily married. ?? This note was only to come into play if there was a divorce. We don't know if it was a demand note or installment note. But of course there was never any payments made, because this note was only to be called upon if there was a divorce. Please help us with our confusion. Thanks so much

Asked on 9/18/12, 8:27 pm

Michael R. Nack Michael R. Nack, Attorney at Law

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Each party should be represented by independant legal counsel. Then each party should take all legal advice from his or her respective lawyer.

Answered on 9/18/12, 9:52 pm

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