Jensen v. Jensen
Annotate this CasePamela Jensen filed for divorce from Larry Jensen after almost thirty-five years of marriage. After attending mediation, the parties entered into a settlement agreement that purported to distribute all of the marital and nonmarital property and debts. Pamela subsequently filed a motion to set aside the mediated agreement, arguing that the mediated agreement and proposed divorce judgment were “manifestly unjust.” The family law magistrate denied Pamela’s motion and, that same day, signed the proposed divorce judgment. The district court adopted the magistrate’s decision and the divorce judgment. The Supreme Judicial Court vacated the judgment, holding that, where Pamela contested the terms of the agreement before the entry of a final judgment and objected to the proposed divorce judgment, and where this matter did not involve minor children or child support, the magistrate did not have jurisdiction to enter a final divorce judgment. Rather, once the matter became contested, it should have been referred to a district court judge for a ruling on Pamela’s motion. Remanded.
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