Cookson v. Cookson

The plaintiff husband obtained a default divorce decree from the defendant wife. About 16 months later she moved to set aside the decree upon the ground of inadvertence and mistake. Her testimony at the hearing upon the motion was that her husband had misled her into believing that no divorce was sought by him or granted, and she had no notice of the decree until 15 months after its entry. The trial court did not find the defendant’s testimony credible and found that the defendant had notice of the decree at about the time that it was entered and that the decree was not entered through…