Elgin 1999 divorce gets messy as husband sues disbarred attorney
A former Elgin man has sued his ex-wife and disbarred Elgin attorney William Chesbrough Jr., arguing they presented false papers at a divorce hearing in 1999 to get one-third of his pension.
David Shales, who now lives in Ingleside, has not paid any of his pension to his ex-wife and now seeks damages from her and Chesbrough, according to Kane County court records.
Attorney Ben Hyink said the lawsuit against Helen Shales and Chesbrough "absolutely" argued that David Shales' signature was forged for a November 1999 hearing where an amendment giving Helen Shales one-third of the Teamster's pension was approved.
"(David Shales) knows he didn't sign it. He didn't negotiate that," Hyink said. "He had a handwriting expert analyze that signature. The opinion was it didn't appear to be his signature."
David Shales, who did not have an attorney in the divorce 15 years ago, also argued last year he was purposely kept in the dark about the November 1999 hearing and that the amendment should be thrown out.
"The only evidence before the court shows that the amendment to the marital settlement was presented to this court fraudulently; thus that portion of the judgment for dissolution is void," attorney Colleen Thomas argued in a court motion last year on behalf of David Shales.
Kane County Judge Kevin Busch denied David Shales' move in May 2013 to vacate the 1999 divorce amendment and ordered Shales to begin making payments, which he has not, records show.
Chesbrough and Helen Shales have not been charged with any criminal wrongdoing.
Chesbrough was sentenced to 180 days in jail and four years of probation in June 2012 for stealing nearly $205,000 from his clients' escrow accounts.
Hyink said David Shales thought the amount owed to his ex-wife would be determined when he retired; Shales found out about the 1999 amendment when he applied for early retirement in April 2010, Hyink said.
Attorneys for Helen Shales argued before Busch that David Shales missed his two-year window to vacate the divorcement amendment giving Helena Shales one-third of the pension and that it was disingenuous to return more than a decade later.
"At no time prior to applying for his benefits did (David Shales) come to this court and seek to resolve the pension issues," attorneys from the Canning Law Offices argued. "If Mr. Shales truly believed, as he alleges, that the retirement plans had been reserved and would be divided prior to retirement, why didn't he try to find out what he was entitled to before applying?"
Messages left at the Canning firm were not returned last week and it was unclear whether Helen Shales hired a defense attorney for the lawsuit. Efforts to reach Chesbrough were unsuccessful.
David Shales seeks unspecified damages and the parties are due in court on Nov. 13.
hhitzeman@dailyherald.com