Fraud

Making a material misrepresentation or failing to disclosure a material fact to induce another to give up something of value. Most fraud claims in divorce relate to fraud in the inducement to marry (see Annulment ), separation agreements, and the introduction of evidence at trial. In order to upset an earlier judgment, the fraud must be material, and the plaintiff (victim) must prove that 1) she suffered substantial harm as a result, and 2) she could not have detected the fraud at the time it occurred by using reasonable care.