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White v. White

The provisions of Uniform Superior Court Rule 24.7, which forbid the grant of a divorce decree unless all contestable issues in the case have been finally resolved, applies only to pending divorce actions.

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The Whites were divorced in January 1998, but in March 1999, Ms. White filed a motion to set aside, alleging that Mr. White had fraudulently hidden assets during the divorce. After a hearing, the trial court issued an order finding that Mr. White had hidden assets as alleged, and setting aside the alimony and equitable division portions of the divorce decree. This Court granted Mr. White’s petition for interlocutory appeal.

1. Mr. White asserted in his response to Ms. White’s motion to set aside that Ms. White was barred from seeking to set aside the divorce decree because she has retained the benefits awarded to her by that decree. He enumerates as error the trial court’s failure to rule in his favor on that issue.

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