Dishonesty often leads to divorce. Whether someone is lying about an extramarital affair or being deceitful about their finances, a marriage often cannot survive a breach of trust. Regardless of what led to the breakup however, spouses must be honest during the legal divorce process or face serious problems, even the dissolution of a settlement. 

A Minnehaha County couple, Jacqueline and Eric Trumble, were in the midst of their divorce when a home they were building in Canada burned down. During settlement negotiations, Jacqueline Trumble declared that one insurance policy with a $2 million (Canadian) limit covered the property. Relying on that representation, Eric Trumble agreed to a settlement that accorded his ex-wife the Canada property and any resulting insurance proceeds stemming from the fire. 

Subsequently, Eric learned that Jacqueline had secured a $4 million (Canadian) policy on the property and sued to undo the agreement he claimed was based on false pretenses. The trial court ordered that the previously undisclosed insurance proceeds be split evenly among the former spouses, despite the settlement language. Upon appeal, the Supreme Court of South Dakota affirmed that Jacqueline Trumble committed fraud by concealing the larger policy. 

The Court noted that while final judgments deserve deference, that must be balanced with the interests of justice when new facts are revealed. One key was that the motion was made within a year of when the divorce was entered. 

Divorces are frequently emotional and contentious, but no matter what resentment exists, it does not remove a party’s legal obligation to be transparent regarding the marital estate. When you work with an experienced family law attorney, they’ll advise you what records and information must be produced. Stating that you have provided all relevant materials when that is not the case puts you at serious risk.

Likewise, if your marriage is ending and you don’t believe that your husband or wife has been forthright about relevant matters, a skillful attorney can work to uncover the truth. Through document requests, subpoenas, interrogatories and consultation with experts, they can investigate whether assets have been hidden. 

Anker Law Group in Rapid City represents South Dakotans in all types of divorces, including cases involving allegations of fraud. To discuss your situation with an accomplished attorney, please call 605-519-5967 or contact us online.