Hartley v. Hartley

GALLAGHER, Judge.

The court faces an unusual question. On June 25, 1981, an order was entered grant*1053ing respondent’s motion to vacate an uncontested divorce decree, and allowing her 20 days to file a motion or responsive pleading and to seek ancillary relief. On June 29, 1981, petitioner served upon respondent, and filed with the court, notice that he had voluntarily dismissed the divorce petition. Within the next two hours respondent filed an answer to the petition.1 The court must decide whether petitioner effectively dismissed the petition, and concludes that he did.

Respondent contends that…