In Re Marriage of Askren

The parties were married on November 25, 1970. They separated on August 28, 1980. On September 17, 1980, the wife filed the present action, seeking a dissolution. On October 10, 1980, the husband filed an action for divorce in Kansas. The husband was personally served in Kansas, the wife was personally served with the husband’s complaint in California. The husband originally made no appearance in the California action and his default was duly entered. However, the husband thereafter appeared by a California attorney and made a motion, under section 473 of the Code of Civil Procedure, to set aside the default. The motion was denied and a default hearing was held. The trial court, in addition to awarding an interlocutory decree of dissolution, made a finding that certain property in Kansas was the separate property of the parties and ordered the husband to execute deeds converting title from that in joint tenancy to tenancy in common.

The husband then proceeded to bring his Kansas divorce action to trial. The wife journeyed to Kansas to resist that effort, incurring thereby expenses for travel and for attorney fees both to her California counsel and to Kansas counsel. The…