Neitzke v. Neitzke

This appeal is from an order denying plaintiff’s petition to vacate a decree of divorce entered in her favor on November 3, 1952. The petition was filed July 2, 1956.' The answer to the petition, among other things, alleges that rights of innocent third parties have intervened, defendant having remarried on December 12, 1953, in reliance upon the validity of the divorce decree, and that his present wife and her two minor children by her former marriage are dependent upon him for their support.

The complaint for divorce was based on cruelty. Defendant defaulted, and a hearing ex parte was had.…