Hester v. Hester

This is an appeal from the denial of a motion for relief under Rule 60 (b) of the Alabama Rules of Civil Procedure.

The parties were divorced from their marriage of thirty years on November 3, 1983. As part of the divorce decree, the trial court adopted a property settlement agreement that had been previously entered into by the parties. At no time during either the negotiations for settlement or the divorce proceeding was the wife represented by counsel. However, at the time she signed the separation agreement, she executed an answer and waiver. Under the decree, the wife was to receive the…