In Re Marriage of Jones

This appeal is brought to challenge the setting aside of an interlocutory judgment and final judgment of dissolution of marriage upon a finding of extrinsic fraud.

Statement of Facts

Mack L. Jones (Husband) and Ramona Estelle Jones (Wife) were married on September 3, 1966. During a period of marital strife, in January 1981, the parties went to the law office of Benjamin Wasserman, Husband’s attorney. Wife was not represented by counsel. At this meeting, a marital settlement agreement was discussed and both parties executed a settlement document. Five days later a petition for dissolution of marriage was filed by Attorney Wasserman naming Husband as petitioner.

During the summer, 1981, Husband told Wife that he had told Attorney Wasserman to “cancel the papers” and that Wife should “ . . not worry about a thing.’” Contrary to Husband’s promise, Husband obtained an interlocutory judgment of dissolution of marriage at a default hearing which thereafter was purportedly served on Wife. On March 30, 1984, a final judgment of dissolution of marriage was entered and purportedly served on Wife.

In 1981, after the parties separated, and until the summer of 1985, Husband…