An article from the St. Louis Post Dispatch says the hard economic times are causing some couples to stay together before, during and even after they divorce.

With home values shredded and retirement assets dwindling, many unhappy couples are realizing they don’t need to spend more money on divorce lawyers, and they are more willing to compromise and settle.

One husband said he didn’t have the money to move out, so the couple stayed together during the divorce, and when it got too stressful, he went to the movies or she went out with friends.

“My attorney was very up front with me,” he said. “She said, ‘The more you guys (argue) about this, the more it’s going to cost you.’”

James Hresko asked the court to reopen his uncontested divorce for fraud because he said his ex-wife misrepresented her assets in negotiating a settlement agreement.  But the Maryland courts will only reopen a case if the fraud is extrinsic, not intrinsic.

What is extrinsic fraud?  Black’s Law Dictionary says it is the type of fraud which is collateral to the issues tried in the case.  The court says it is fraud which actually prevents a trial. Examples of extrinsic fraud would be:

• An opponent keeps a party away from court.
• A false promise of compromise.
• A party did not have knowledge of the suit.
• An attorney pretends to represent someone they do not.
• An attorney corruptly sells out his client.

James said his ex prevented him from trying the case by keeping him away from the court with a false promise of compromise.  To be continued.