This section contains the nature of the case and procedural background.

The divorce was the result of a petition signed by Roger (H) where H and W had agreed to divorce and to divest W of nearly all her marital property in anticipation of her eventual need for care in a nursing home for multiple sclerosis. They believed W's single status and complete lack of assets would enable her to receive social security disability income and Medicaid to pay for her nursing home care. H was to care for W until she required nursing home care. Almost immediately acrimony developed and W ended up living with her parents and H refused to allow W to return home. The trial court vacated the divorce decree on the grounds of fraud.

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