In Re the Marriage of Umphrey

Opinion

SMITH, J.

Appellant Jack D. Umphrey (Husband) appeals from an order granting the motion of respondent Patricia Anne Umphrey (Wife) to vacate, on grounds of extrinsic fraud, a marital agreement and judgment of dissolution insofar as it determines the parties’ property rights. On this appeal, we are asked to determine whether, on a motion in equity to set aside an uncontested judgment of dissolution, the party seeking to uphold the marital agreement may offer evidence proving a date of separation different from that recited in the settlement agreement in order to rebut an accusation of…