Gomez v. Gomez

(dissenting) :

On October 2, 1973, on the ground of voluntary separation, appellant filed suit for an absolute divorce from her husband of four years, two of which were spent living apart.1 She thereafter filed an affidavit of indigency, together with a detailed financial statement, and was allowed to proceed with the divorce action without prepayment of fees or costs, including those for appointment of counsel.

Appellant was unable to serve the summons and complaint on her husband, whose whereabouts are unknown, and she so informed the court in an affidavit of diligent search.2 She then filed…