04/22/2021
A Minnesota judge has refused to uphold their Marital Settlement Agreement, fearing fraud, based on the transfer of virtually all of their marital assets to the wife.
Could this happen in Maryland?
999 times out of 1000, that answer would be no, a judge would not interfere with a written agreement between two spouses, especially if both were represented by counsel. It is also incredibly difficult to overturn an agreement, once made and incorporated into a Judgment of Absolute Divorce, especially after the expiration of any appeal period. There are also safeguards that can be written into an agreement to address the issue of potential fraud, such as the non-disclosure of assets.
Still, where there is an appearance of fraud, a trial judge has both the ability, and arguably, the affirmative duty to act to protect against the commission of fraud.
Minneapolis, MN – A Minnesota judge refused to approve a divorce settlement between former Minneapolis Police Officer Derek Chauvin and his wife, who filed for divorce just hours after her husband was charged with the murder of George Floyd. Washington County District Judge Juanita Freeman did not...