Herring v. Herring

Clarke, Justice.

This case is an appeal from an order of February 13,1980, setting aside a divorce. In June, 1978, wife filed a complaint for separate maintenance. Husband answered and counterclaimed for divorce on the ground that the marriage was irretrievably broken. In July, 1978, husband took an uncontested divorce, and all issues of alimony, support, custody, and division of property were reserved. The decree specifically stated that husband would have the right to remarry. On December 4, 1979, wife filed a motion to set aside the judgment as void. The motion was granted February 13, 1980.