Wednesday, May 6, 2015
Setting Aside a Divorce
The Mississippi Court of Appeals decided Collins v. Collins located here yesterday. The issue in the case was whether a divorce should be set aside for not being equitable over a year later. There were apparently a number of accounts the wife said she was not aware of. The Court of Appeals said no. They noted that Rule 60 requires the motion to be brought within one (1) year. Additionally, it was noted that 8.05s were prepared but the wife did not look at them. From reading the opinion close, there are a few potential holes I could see coming up. In this case, the chancellor actually required 8.05s to be produced prior to the decree being signed. I think this is what really saved the case. The other issue I see is whether a waiver of financial declarations is valid. I think they are valid, but without a financial declaration being completed, a former spouse could have to put on some proof of knowledge by the other spouse if a fraud claim is raised.