Francisco v. Francisco

Plaintiff husband sued for divorce; defendant wife did not appear; husband obtained a decree. Two years and some months later, wife filed a verified motion to vacate the judgment, alleging: she was never served with process or notified in any way of the suit or the judgment; the parties continued to live together as though married, even after the “divorce”; the entire proceeding was fraudulent; wife discovered the divorce only by accidentally finding the judgment among her husband’s papers, and immediately sought counsel and filed her motion. After husband filed a response to this motion, the…