Husband Seeks To Vacate Divorce Judgment Based On Fraud

In the case of Hounlekpo v. Hounlekpo, the husband sought to vacate the Judgment of Absolute Divorce based on extrinsic fraud. Initially, both parties had petitioned the court for a limited divorce, but at some point, the husband went on a trip to Africa. While in Africa, the husband gave the wife a credit card in his name to purchase food and treats for the children. The wife used the credit card to make a repair on a vehicle she drove and later, after the vehicle broke down again, to make a $3,500 down payment on a used car and other purchases.

During this trip, the former wife moved out of their home with the couple’s two children and into a house she had purchased in St. Mary’s County months earlier. When the husband discovered that his wife had moved out with the children while he was in Africa, he canceled the credit card and filed theft charges against the wife.

In October 2019, the parties signed an agreement in which the husband agreed to dismiss the theft charges against the wife and accept liability for $6,000 in “unauthorized debt” in exchange for the wife’s agreement to dismiss her pending complaint for divorce. Both parties would dismiss their claims for limited divorce and the husband would file a claim for absolute divorce on the grounds of mutual consent in Prince George’s County. As part of the agreement, if either party was found in violation of the terms, they would be responsible for the other party’s attorney’s fees and would relinquish all rights of filing for the sole custody of the children and access to the marital property. The wife testified that she only signed the agreement because she was afraid of the criminal charges pending against her.

On February 3, 2021, the circuit court entered a Judgment of Absolute Divorce. Within ten days of the judgment, the former husband moved to alter it. The court denied his motion. In August 2021, the husband moved to modify the child support and custody order entered by the court. The court denied his motion. In July 2022, the wife petitioned the court for contempt, alleging that the husband refused to pay the monetary award of alimony and was in arrears. The court granted the wife’s petition for contempt. Then, in October 2022, the husband moved to vacate the divorce judgment under Maryland Rule 2-535(b) on the grounds of fraud. The court denied the husband’s motion to vacate the divorce judgment. The husband appealed.

The appeals court found that the husband did not make any useful allegations of fraud by the former wife. It therefore found that the judgments of the circuit court were valid and denied his motion to vacate the divorce judgment.

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Source:

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