Marriage of Baltins
California Court of Appeal
260 Cal. Rptr. 403 (1989)
Aldis Baltins (plaintiff), allegedly physically abusive during the marriage, told his wife Deanna (defendant) that his medical practice, acquired during the marriage, was solely his separate property and that she wasn't an equal partner, and threatened to declare bankruptcy leaving her with nothing if she didn't sign a marital settlement agreement awarding her only 10-15 percent of the community property. Deanna cycled through three attorneys, with one withdrawing specifically because she insisted on signing an agreement against her own interest; Aldis told Deanna he would only negotiate directly with her, not attorneys. Aldis filed a new dissolution petition with a substantially similar amended agreement, which Deanna signed unrepresented, also signing a waiver treating the proceeding as uncontested and not appearing at the hearing; the court granted dissolution incorporating the agreement. Deanna's friends and former attorneys later testified to her fragile emotional state, depression, and inability to confront Aldis, and the trial court granted her motion to set aside the judgment; Aldis appealed.
Whether a court may set aside a final divorce order if it was obtained on the basis of duress or extrinsic fraud.