In re Marriage of Fuller
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The Supreme Court reversed the order of the district court granting relief to Melissa Lynn Fuller from the 2016 final decree of dissolution of the marriage of Melissa and Bradley Dean Fuller, holding that the district court erred in setting aside the final decree of dissolution on the ground of perjury under Mont. Code Ann. 40-4-253(5).
The district court concluded that the failure to the parties to disclose their jointly owned business to the court, which they determined that they would settled after the divorce, violated the law requiring full disclosure of assets, debts, income, and expenses. The court granted Melissa's requested relief by raising sua sponte the issue of mutual perjury under section 40-4-253(5), concluding that significant nondisclosures in final declarations of marital assets are conditions that justified the court to reopen the final decree. The Supreme Court reversed, holding that because the parties chose not to include their jointly owned businesses in their disclosures, the district court erred by reopening the judgment on that basis.
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