Kaleal v. Kaleal

A default judgment of divorce was granted to plaintiff on August 11, 1972. Incorporated within the judgment, was a provision which provided "that there is no provision for payment of alimony to be paid to the plaintiff husband or defendant wife”.

In 1974, defendant filed a motion to modify the previously entered judgment regarding alimony only or, in the alternative, to set aside the entire judgment of divorce. To show entitlement to this relief, the following circumstances, among others, were alleged:

"4. That prior to the entry of a default, your Defend ant did not file an answer or otherwise…