In Re Marriage of Grissom

Tony M. Grissom (Husband) appeals the April 22, 1992, order granting the motion of Marilyn Grissom (Wife) to set aside an April 25, 1980, “Interlocutory Judgment of Dissolution of Marriage” as well as a marital settlement agreement, on the grounds Wife was fraudulently induced to sign a document stipulating to property and support provisions and the placement of the dissolution petition on the default calendar. Husband contends the trial court abused its discretion in setting aside the interlocutory decree. He also argues there was no extrinsic fraud, Wife was not free from fault, Wife failed to exercise diligence in seeking relief and there was no showing a different disposition would have been made if there were no fraud.

Facts

Husband and Wife were married on July 3, 1971, and separated March 3, 1980, a period of eight years and eight months; they had two daughters, born January 9, 1973, and April 2, 1976.

On March 10, 1980, Wife, represented by Attorney Ivan Trahan, filed a petition for dissolution of marriage and an order to show cause for temporary orders. The hearing on the order to show cause, originally set for March 26, 1980, was continued to April 15,…