Lori Kay Jones Trigg v. Richard Darrell Trigg
In an irreconcilable differences divorce case the trial court entered a final judgment of divorce without either party appearing that incorporated the parties’ mediated marital dissolution agreement (both of the parties’ attorneys were present apparently).
Shortly thereafter, Husband filed a motion to set aside or to alter or amend the final judgment, claiming he was under duress when he entered into the marital dissolution agreement and also claiming that the trial court was required to conduct a hearing before entering the final judgment.
The trial court disagreed and denied Husband’s motion, leaving the parties divorced based upon their irreconcilable differences and incorporating their mediated agreement. The Court of Appeals agreed with the trial court and found the Husband’s appeal frivolous.