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Fetters v. Fetters

Court of Appeals of Indiana

February 26, 2015

Julie M. Fetters, Appellant-Petitioner,
v.
Jay M. Fetters, Appellee-Respondent

Page 1017

Appeal from the Randolph Superior Court. Cause No. 68D01-1111-DR-1230. The Honorable Peter D. Haviza, Judge.

ATTORNEY FOR APPELLANT: Chris M. Teagle, Muncie, Indiana.

ATTORNEY FOR APPELLEE: Dale W. Arnett, Winchester, Indiana.

Barnes, Judge. May, J., and Pyle, J., concur.

OPINION

Page 1018

Barnes, Judge.

Case Summary

[¶1] Julie Fetters appeals the trial court's division of property in her divorce

Page 1019

from Jay Fetters, following its decision to enforce a premarital agreement into which the parties entered. We reverse and remand.

Issue

[¶2] The restated issue before us is whether the premarital agreement is unconscionable.

Facts

[¶3] Julie and Jay began having a sexual relationship in 1994, when Julie was fourteen years old and Jay was twenty-nine. Jay was a school janitor at the time, but Julie did not go to his school. In the summer of 1995, when Julie was fifteen, she became pregnant by Jay, who was then thirty. Police began investigating Jay for sexual misconduct with a minor. Jay ...


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