Coburn v. Coburn

This is a post divorce case which presents new questions to this court regarding the scope and purpose of Rule 60 (b) of the Alabama Rules of Civil Procedure.

The parties were divorced by decree of June 25, 1981. The divorce decree incorporated the terms of an agreement between the parties which stipulated that the husband was not the father of the only child which had been born during the marriage.

On September 7, 1983, the husband filed a 60 (b) motion to set aside the prior adjudication of paternity, stating that he had reason to believe that he was the child's father. He also requested that…