Flanary v. Milton

In this appeal, we determine whether an oral property settlement agreement between spouses made during a deposition taken in furtherance of an action for divorce is valid.

Linda and Ross E. Flanary married on February 5, 1982 and separated on July 7, 1995. Mrs. Flanary filed for divorce on the grounds of desertion and/or cruelty and Mr. Flanary filed a cross-bill seeking a divorce based upon desertion. On April 17, 1997, during Mrs. Flanary’s deposition taken in conjunction with the divorce proceedings, an oral agreement between the parties was recited into the record by the parties’…