Driver v. Driver

This marital dissolution action poses a unique question: Is a defendant who has deserted from the armed forces entitled to the protection afforded by 50 U.S.C. app. §§ 500 — 590, the Soldiers’ and Sailors’ Relief Act of 1940, and by §353 of the 1978 Practice Book?

The United States Code requires: “In any action or proceeding commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff, before entering judgment shall file in the court an affidavit setting forth facts showing that the defendant is not in military service.” 1 50 U.S.C. app. §520 (1).

The…