Kelley v. Kelley

In this appeal, we decide (1) whether a provision of a property settlement agreement, which was ratified, affirmed, and incorporated by reference into a divorce decree, is void and, if so, (2) whether the decree may be attacked and vacated after it has become final.

On April 29, 1985, David Allen Kelley (Husband) and Marilyn Gibson Kelley (Wife) executed a property settlement agreement (the Agreement). On September 23, 1985, the trial court (the Circuit Court of the City of Roanoke) entered a divorce decree which ratified, affirmed, and incorporated by reference the Agreement.

The Agreement…