Final divorce decrees are final. Attempts to overturn them are typically met with a resounding NO by appellate courts. So, when you resolve your case and sign on the dotted line to divide your marital property, know that your decision is a final one.
In Thompson v. Thompson, 2018 Pa. Super. Unsub. LEXIS 695, *1-3, 2018 WL 1192180, the parties the husband had filed for divorce and the matter had been assigned to a special master in divorce who after hearing evidence made recommendations regarding the division of property. The wife appealed the master’s determination and the trial Court scheduled a trial date.
The parties appeared at the trial and informed the Court that they had settled the divorce. Both parties were asked on the record about the settlement agreement and both parties indicated that they knew what they were doing and recognized the effect the agreement would have on their legal rights regarding the divorce and property settlement. The Court explained to both parties that they did not need to settle and could have a Court decide on the merits of the case. Both parties agreed to the divorce and equitable distribution of marital assets. The parties executed agreements prepared by counsel and the Court issued a Divorce Decree incorporating the property settlement and all other aspects of the divorce.
After this Decree had been issued Wife, pro se, although still represented, filed a motion for reconsideration, which the court denied. The wife then filed a notice of appeal, pro se, together with a motion to set aside the settlement agreement. The trial court denied the motion to set aside the settlement agreement. The wife also failed to follow some procedural grounds as well which resulted in the dismissal.
The appellate court denied the wife’s motion and appeal relying on Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (Pa. 1990), which stated that absent fraud, misrepresentation, or duress, spouses should be bound by the terms of their agreements. The Thompson court therefore dismissed the wife’s appeal.
The bottom line here is that you should make sure that you are clear regarding your divorce settlement because once it is entered an order, absent fraud, misrepresentation or duress – you are stuck with the result.