Demianczuk v. Demianczuk

Plaintiff-husband appeals from an order granting defendant-wife’s motion to vacate a default divorce decree which he obtained six years earlier. He asserts that the court erred because wife’s motion failed to comply with Civ. R. 60(B) and because the court previously denied it. Husband’s original publication service was defective, so the court lacked jurisdiction to grant the default divorce decree. Therefore, we affirm the trial court’s order vacating it.

I

The parties were married in Toronto, Canada, and lived there together for five years. Wife then left their marital home with their two…