Schwab v. Schwab

OPINION

Justice FLAHERTY,

for the Court.

Does the Rhode Island Family Court have jurisdiction to set aside a Connecticut Family Court divorce judgment and marital settlement agreement entered into in Connecticut for lack of enforceability? A motion justice of the Family Court recently said “no” to this question, and the defendant, Walter B. Schwab, appeals from that order.

In 1984, Walter and Julie Bowers Schwab were divorced in the State of Connecticut. Both parties voluntarily executed a marital settlement agreement, which was incorporated, but not merged in the final judgment of divorce of the…