Holmes v. Holmes

Opinion

BARROW, J.

This is an appeal from a denial of a motion to vacate a final decree of divorce. We conclude that the trial court should have vacated that part of the decree incorporating the separation agreement and should have conducted a plenary hearing to determine if the agreement was obtained by fraud.

The parties entered into a separation agreement which was then incorporated into the final decree of divorce. On the twenty-first day after the entry of the final decree, the wife filed a motion to vacate the decree and obtained an ex parte hearing before the trial court. She testified…