In re Marriage Sutton

The plaintiff appeals from a trial court order dismissing her petition to modify the judgment of legal separation, in which she sought an increase in maintenance. The trial court determined that the judgment was not modifiable without the agreement of the parties. We reverse and remand for further proceedings.

Emily and Robert Sutton were married on December 25, 1942, and Emily filed a petition for legal separation on October 1, 1982. In July of 1983, the parties entered into an ambiguous and carelessly drafted separation agreement which was later incorporated into the judgment of legal…