Davis v. Davis

268 A.2d 515 (1970)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W eventually separated and divorced and worked out an agreement for splitting their property and recited W's waiver of permanent alimony and a payment of her of $250 per month for a year and payment to her of child support of $150 per month until majority with a reduction of $100 per month if W remarried. H's complaint recited the agreement and prayed that it be incorporated into the divorce decree. W's answer admitted the existence of the agreement but claimed it was void for overreaching. H entered evidence that W has claimed she did not believe in alimony and was gainfully employed and agreed to what was prayed for until a few months prior to the termination date. W claimed H used economic coercion to force the terms but could point to no overt acts or threats and admitted that she had taken money from a joint checking account to pay for her support during separation. W admitted that H showed good faith and consideration towards her and was amazingly civil during the entire time. The trial court granted the divorce but found that W had not entered into the agreement in an intelligent and informed manner and that it was an unwise and unfair agreement. H was ordered to pay $250 per month permanent alimony and $150 per month child support until majority. H appealed.