In Re Marriage of Passiales

Carolyn Passiales, the respondent in a divorce action, petitioned under section 72 of the Civil Practice Act, (Ill. Rev. Stat. 1973, ch. 110, par. 72 (now Ill. Rev. Stat. 1983, ch. 110, par. 2—1401)), to have her divorce decree set aside for lack of subject matter jurisdiction. In her petition, Carolyn also asked the court to find that the default judgment of divorce entered against her was void because the court lacked jurisdiction over her person. Finally, she requested leave to file an answer and a counterpetition for divorce against her husband.

The trial judge vacated Carolyn’s divorce…