Weinstein v. Weinstein
Divorce judgment not reopened where husband’s company sold five months after divorce for a substantially higher price, since when discovery took place, the sale of the company had not been broached.
In Re Marriage of Goldsmith
Wife not entitled to reopen judgment based on alleged failure ot husband to disclose assets where she failed to exercise due diligence based on her reliance on his representation in the MSA and an unsigned affidavit.
Doheny v. Kohler
A party has a right to seek to reopen a divorce judgment, even where judgment was based on the agreement of the parties. But, a motion based on mistake, inadvertence, surprise or excusable neglect must be brought within one year.
Conrad v. Conrad
A party can reopen property division based on a stipulation of the parties where she never agreed on the record, and the order was unclear.
In re Marriage of Tozer v. Tozer
Trial court’s refusal to grant relief from judgment will not be reversed unless the court abused its discretion or no reasonable basis exists for the court’s decision.
State ex. rel. M.L.B. v. D.G.H
Extraordinary circumstances may warrant a reopening of a judgment.
Thorpe v. Thorpe
Although property division cannot be modified under §767.32, §806.07 does give the court discretionary authority to grant relief from judgment.
Marriage of Mathewson v. Mathewson
Simple legal error, correctable by appeal, is not an extraordinary circumstance justifying relief from judgment.
In Re Marriage of Nehls v. Nehls
Husband entitled to blood tests to determine paternity after the divorce where he did not contest paternity at trial, but learned later that he may not be father.
In Re Marriage of Johnson v. Johnson
Trial court’s holding that it was required to reopen the judgment once it found fraud was error. A finding that there are grounds to reopen the judgment does not necessitate reopening it. The court may consider factors that would militate against granting relief.