Former husband brought action against wife and wife’s attorney in divorce, contending that wife and attorney fraudulently induced him to execute settlement agreement that was incorporated into final divorce decree. The trial court entered summary judgment in defendants’ favor, and husband appealed. Held: Former husband could not attack validity of settlement agreement incorporated in divorce judgment and decree in separate action for fraud against wife and wife’s attorney in divorce; rather, husband’s remedy was to seek to vacate divorce decree.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.comPublished on: