Gaps in Divorce Record Force Reversal

The trial court incorporated a “partial agreement” between the parties into its final divorce judgment. The record on appeal contained no written evidence of that agreement, however, and the trial court had not received evidence on any contested issue. The agreement thus was not valid. And, without evidence, the trial court had no discretion to adjudicate other issues. The Court of Civil Appeals reversed the judgment and ordered the trial court to hold an evidentiary hearing. Willis v. Willis, No. 2080876 (Ala. Civ. App. Feb. 26, 2010)

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