Swofford v. Bowles

By Judge Paul M. Peatross, Jr.

This matter comes before the Court on a Demurrer made by Defendant in response to Plaintiff’s Bill of Complaint. Plaintiff, under Va. Code § 8.01-428(D), seeks to set aside and modify a December 29, 1995, divorce decree based on Defendant’s alleged fraudulent concealment of marital funds. The Demurrer asserts that Plaintiff’s plea (1) is barred by the doctrine of laches, and (2) the claimed fraud should be characterized as intrinsic fraud and, as such, is not a legally sufficient basis to attack a prior judgment. Oral arguments on the Demurrer were heard on June…