Hardwick v. Hardwick

Mrs. Hardwick filed for divorce in July, 1978. At a temporary hearing held in September, 1978, Mr. Hardwick appeared and was represented by counsel. At no time has Mr. Hardwick filed any defensive pleadings in answer to the complaint. Mrs. Hardwick obtained a final decree of divorce in November, 1978. Neither Mr. Hardwick nor the attorney who had represented him at the temporary hearing were given notice of the final hearing and neither attended. Consequently, the divorce was taken on an uncontested basis.

In February, 1979, Mr. Hardwick, represented by new counsel, filed a complaint in equity…