In Re Marriage of Adkins

Introduction

Petitioner Geraldine A. Adkins appeals from an order vacating and annulling final and interlocutory judgments of dissolution of marriage, and rescinding and cancelling a written marital settlement agreement executed on July 22, 1980.

Procedural Background

On September 3, 1980, petitioner filed for dissolution of the parties’ marriage, alleging that all of the assets and obligations of the parties had been disposed of by prior written agreement. However, notwithstanding the foregoing allegation, petitioner listed one parcel of real property as property over which the court had jurisdiction. Petitioner made no request for spousal support.

On September 11, respondent was personally served with the summons and petition. Thereafter, on October 15, 1980, an uncontested hearing was held pursuant to a written stipulation which provided for such a disposition and further provided that petitioner obtain judgment according to the terms of the written marital settlement agreement executed July 22, 1980.

An interlocutory judgment was granted, dissolving the marriage of the parties, and providing in pertinent part: ‘ ‘Husband is ordered to pay the sum of $250.00 . . .…