Geier v. Geier
Annotate this CaseWife and Husband were married in 1997. Wife, who was diagnosed with relapsing-remitting multiple sclerosis, was declared disabled in 2002. In 2011, Husband initiated divorce proceedings. Husband's attorney (Attorney) prepared the marital termination agreement and affidavits. After a meeting with Attorney, Wife signed the agreement, which gave Husband the marital home, two vehicles, a utility trailer, Husband's retirement accounts, stocks, bonds, checking and saving accounts, and life insurance. Wife received approximately eight percent of the property, and she waived alimony. The judgment and decree of divorce were filed in September 2011. Wife subsequently filed a motion to set aside the judgment, which the trial court denied. The Supreme Court reversed and remanded for a trial on the merits, holding that Wife demonstrated exceptional circumstances constituting excusable neglect and a probable meritorious defense.
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