Bernier v. Bernier

I disagree with the holding of the majority that a defendant who fails to file a responsive pleading specifically requesting an award of alimony will be barred from raising this *521issue at the final hearing. I would hold that the defendant’s preservation of her right to contest the divorce pursuant to Superior Court Rule 156, by filing an appearance, encompasses the right to request alimony and present evidence on the issue.

In Weeks v. Weeks, 124 N.H. 252, 469 A.2d 1313 (1983), this court held that, in a divorce proceeding, a party who has failed to file any pleadings, but does file an…