In a Decision – Lingala v. Alkanti (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that the Divorce Agreement was entered into knowingly and voluntarily with knowledge of information and that Husband waited too long to challenge the Divorce Agreement especially after numerous Motions were filed in regard to the Divorce Agreement.
The contested divorce was resolved by a global settlement before trial was completed. The trial court conducted a hearing to determine if the agreement was knowing, voluntary, fair and equitable and granted a dual judgment of divorce and incorporated the terms of the oral agreement into the final judgment of divorce. Two weeks later, plaintiff executed a formal typed version of the Divorce Agreement. Husband was aware of the facts and circumstances upon which he relied to challenge the Divorce Agreement in 2012 and all the records needed to prove his actual worth were available to him at that time. He provided no explanation for his delay of 26 months in challenging the Divorce Agreement and entry of final judgment of divorce and his application was time-barred. Additionally, during that 26 month period, he filed post-judgment motions to enforce various aspects of the Divorce Agreement.