41 A.3d 395
Del.2012Background
- Hughes and Peterson married in April 2005, both had prior marriages and no children from this marriage.
- Peterson worked as a Maryland corrections officer; Hughes was disabled with Social Security and other benefits.
- In August 2008 Hughes filed a petition for protection from abuse (PFA) alleging Peterson grabbed his neck.
- On the morning of a September 2008 mediation, Hughes presented a handwritten separation agreement to Peterson in exchange for reconciling and dismissing the PFA.
- The documents were notarized after a notary noted concerns in his log about coercion; Ballato, the notary, testified about these concerns.
- Peterson signed the separation agreement but later, in March 2009, petitioned for divorce and a PFA; Hughes later sought to uphold the agreement but the court rescinded it in May 2010 due to undue influence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the separation agreement was voluntary | Hughes | Peterson | Agreement rescinded due to unduly influenced signing |
| Whether the property division was proper | Hughes | Peterson | Division affirmed 55% Peterson, 45% Hughes (debts 45% Peterson, 55% Hughes) |
| Whether Hughes should pay Peterson's attorney's fees | Hughes | Peterson | Fees awarded against Hughes affirmed; no abuse of discretion |
Key Cases Cited
- Brown v. Div. of Family Servs., 14 A.3d 507 (Del.2011) (applies standard for reviewing family court rulings and factors in 1513)
- Olsen v. Olsen, 971 A.2d 170 (Del.2009) (recognizes factors for equitable property division)
- Solis v. Tea, 468 A.2d 1279 (Del.1983) (cites general standard for evidence and review (cited in context))
- Robert O. v. Ecmel A., 460 A.2d 1321 (Del.1983) (undue influence framework (four elements))
- Smith v. Francisco, 737 A.2d 1000 (Del.1999) (attorney's fees awarded with deference to trial court)