Marriage of Varner

Kim Varner (plaintiff), who had married Stephen Varner (defendant) at age 15, filed for divorce as an unemployed mother of five and had her attorney withdraw shortly before a scheduled 1993 hearing; the court denied her request to continue the hearing for new counsel. At the hearing, Stephen, represented by counsel, testified his business interests were essentially worthless, and his attorney proposed that Kim could keep the family home and owe nothing further if she gave up any claim to his supposedly valueless businesses. Believing Stephen's valuation, the court found the deal was in Kim's interest, and a week later both signed a stipulated judgment on those terms. New counsel later moved to set the judgment aside, presenting evidence of Kim's IQ score of 75 and appraisals showing Stephen's actual business and property interests exceeded $3,000,000. The trial court denied the motion, and Kim appealed.