Mercer v. Mercer

BISTLINE, Justice.

On September 10, 1976, Frank Edward Mercer filed an action for divorce against Lois Ionia Mercer, hereinafter referred to, respectively, as the husband and the wife. During the trial the parties entered into a marital settlement agreement concerning property rights 1 and stipulations regarding spousal support and the wife’s attorney’s fees. Both parties were represented by counsel in the divorce proceedings.

The marital settlement agreement was incorporated by reference into the decree of divorce which was entered on March 31, 1978. The decree provided, inter alia, that,…