Fraud means acting in bad faith, but all actions of bad faith are not fraudulent.

In divorce actions, most fraud claims stem from an inducement to marry, annulment.

Fraud can be perpetrated when one party fails to tell another the "whole truth."

In divorce, fraud usually might also be connected with the hiding of perjury and lying.

When one assets or lied about the value, the victim has a number of remedies. If the divorce is not final, he or she can raise the issue in the divorce case.

If the division has been made, the victim may in some cases turn to the motion to enforce.

Absent the residuary clause, a party to act, 4) reasonable reliance by the recipient upon the misrepresentation, and 5) damage to the recipient.

A party may not allege fraud merely because he or she later becomes unhappy with the property settlement, and settlement, with few exceptions, should be considered set in stone.

In general, the party alleging fraud and must be clear and convincing.

duress may turn on questions of what is called extrinsic versus intrinsic fraud. Extrinsic fraud is fraud perpetrated against a court; intrinsic fraud is fraud committed against a party. For example, in a 1994 California appeals case, a former wife proved extrinsic fraud in a case where her husband persuaded her to sign what was described as an "Appearance, Stipulation and Waiver" that divided property and allowed him to divorce her without notification. He then lived with her for 10 years before she discovered the fraud!

Some jurisdictions allow judgments to be attacked for intrinsic fraud for a much shorter time after the ruling than they do in cases of extrinsic fraud. Many states have adopted motion be filed within one year of the judgment.

separation agreement." (In fairness, the case may have also turned on a problem common in many divorce cases, that is, he said-she said, without any independent evidence).

See also Duress.