Plavec v. Plavec

Plaintiff filed a petition under section 72 of the Civil Practice Act, to vacate that part of her 1955 divorce decree which recites her waiver of alimony and the terms of a lump sum settlement. The court sustained a motion to strike, and dismissed the petition. Plaintiff appeals.

The petition was filed in the original divorce action on April 11, 1960. It includes, as exhibits, copies of the divorce decree entered January 25, 1955, and of two settlement agreements. The agreements, Exhibits 2 and 3, are both dated January 3, 1955, and neither refers to the other. The decree, without reference to…