Toni v. Toni
Supreme Court of North Dakota
636 N.W.2d 396 (N.D. 2001)
Relevant factsFree
Conrad's (plaintiff) attorney drafted a settlement agreement providing Sheila (defendant) with $5,000 monthly spousal support terminating after three years, which the trial court found fair and incorporated into the divorce decree without making any separate award or reserving jurisdiction; Sheila, unrepresented throughout, later moved to modify the support based on changed circumstances, and the trial court dismissed her motion.
IssueFree
Whether, in a property-settlement agreement that is incorporated into a divorce decree, a party to a divorce proceeding may lawfully consent to waive all future rights to spousal-support modification by a trial court.