Husband Stuck w/ Divorce Settlement After Alleging Ill Health
Tennessee case summary on seeking to get out of an agreed upon settlement.
Troy Michael Wheeler v. Angela Marie (Turner) Wheeler
In 2018, the wife in this Macon County, Tennessee, case filed for divorce after a marriage of more than ten years. Before the trial began, their attorneys announced to the court that they had signed a marital dissolution agreement. The agreement called for the husband to pay the wife $250,000 within 60 days, followed by ten years alimony in solido of $2000 per month. The agreement was approved by the trial court.
In 2019, the husband got cold feet. He filed a pro se notice of appeal to the Tennessee Court of Appeals, but after hiring a new lawyer, filed a motion for relief with the trial court, asking to have the agreement set aside. He asserted that his health had dramatically worsened since signing. He also alleged that he didn’t read or understand the agreement before signing it.
The trial court, Judge Clara W. Byrd, heard arguments, and the husband testified as to his inability to pay, his health issues, and his lack of understanding of the agreement. The court denied the motion, and the husband then continued with the appeal.
The husband first argued that the agreement should have been set aside due to his mental incapacity. The court of appeals noted that there is a very strong burden of proof, and the party seeking to set aside a judgment must show clear and convincing evidence.
The husband argued essentially that his intense pain prevented him from understanding, coupled with his limited education. But the appeals court agreed with the lower court that the evidence fell far short of the proof needed to set aside a judgment. First of all, there was no expert medical testimony. Even though this is not required in every case, the court noted that something beyond self-serving assertions is needed. After reviewing the evidence, the court of appeals agreed that it supported the lower court’s finding.
The husband also argued that the agreement should be set aside because it was unconscionable. But the appeals court noted that this argument was not made in the lower court. Therefore, it was waived.
The husband did have better luck when it came to the wife’s request for attorney’s fees for the appeal. The appeals court held that the wife had not properly requested such fees.
For these reasons, the Court of Appeals affirmed the lower court’s ruling.
No. M2019-01016-COA-R3-JV (Tenn. Ct. App. June 3, 2020).
See original opinion for exact language. Legal citations omitted.
To learn more, see The Tennessee Divorce Process: How Divorces Work Start to Finish.
