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KELLEY v. KELLEY

Record No. 931522.

449 S.E.2d 55 (1994)

Marilyn Gibson KELLEY v. David Allen KELLEY.

Supreme Court of Virginia.

September 16, 1994.

Attorney(s) appearing for the Case

Jonathan S. Kurtin, Roanoke (Harvey S. Lutins, Lutins & Shapiro, on briefs), for appellant.

Charles B. Phillips, Salem (Phillips, Doherty & Swanson, on brief), for appellee.

Com. of Virginia, Dept. of Social Services, Div. of Child Support Enforcement (James S. Gilmore, III, Atty. Gen., William H. Hurd, Deputy Atty. Gen., Betsy S. Elliott, Richmond, Alice G. Burlinson, Christiansburg, Steven P. Roadcap, Fort Defiance, on brief), for amicus curiae appellant.

Present: All the Justices.

STEPHENSON, Justice.

In this appeal, we decide (1) whether a provision of a property settlement agreement, which was ratified, affirmed, and incorporated by reference into a divorce decree, is void and, if so, (2) whether the decree may be attacked and vacated after it has become final.

On April 29, 1985, David Allen Kelley (Husband) and Marilyn Gibson Kelley (Wife) executed a property settlement agreement (the Agreement). On September 23, 1985, the trial...

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