In re the Marriage of Dhulst

Husband appeals the denial of his motion to set aside a marriage dissolution decree after his default. The motion was based on lack of personal jurisdiction because of improper service of process and, in the alternative, on the fact that his default resulted from “mistake, inadvertence, surprise or excusable neglect” under former ORS 18.160 (repealed by Or Laws 1981, ch 898, § 53).1 We reverse.

On April 23, 1980, wife filed a petition for dissolution of the marriage. After attempting to have husband personally served, wife filed a motion for service by publication. Wife’s attorney filed the…