Tavares v. Tavares

OPINION OF THE COURT BY

KIDWELL, J.

This appeal raises questions with respect to a property division in a matrimonial action in which the husband was the plaintiff. The complaint and summons were sent by mail to the defendant wife in California pursuant to an order for service by mail, and received by her on September 22, 1973. Without notice to or appearance of defendant, a hearing on the complaint was held before the district family court judge on October 16, 1973. Plaintiff was orally granted a divorce with custody of the minor child and awarded the family residence, subject to the mortgage…