Delchamps v. Delchamps

This is an appeal from the setting aside of a divorce decree.

The parties to this appeal were first divorced on December 3, 1982 by a decree of the Circuit Court of Mobile County. The decree incorporated an agreement of the parties which, among other things, divided the parties' real and personal property and awarded the wife alimony in gross and periodic alimony.

On March 9, 1983 the husband filed a motion to vacate, set aside, amend, or alter the judgment of divorce, alleging the agreement incorporated into the divorce decree was obtained by fraud and duress. Rule 60 (b), Alabama Rules of…