Nesbitt v. Nesbitt

HATHAWAY, Judge.

This is an appeal from an order of the Superior Court of Pima County granting appellee’s motion to set aside a divorce decree on the ground that said decree was void.

On November 1, 1961, Carl Nesbitt filed a complaint in Superior Court seeking an absolute divorce from Lesta Nesbitt and permanent custody of the two minor children of the parties. On January 12, 1962, the defendant having failed to appear or answer, default was entered. Three days later, Carl was granted a default judgment of divorce and was awarded custody of the minor children subject to reasonable visitation…