In Re Marriage of Wipson

Appellant Chanel LeMonz appeals from a denial of a motion to set aside an interlocutory judgment of divorce.

The pertinent facts are: Appellant and respondent had been married for 22 years before respondent filed his petition for dissolution on March 6, 1972. Respondent took a default against appellant on May 8, 1973, and had entered on May 23, 1973, an interlocutory judgment dividing the community property and providing no spousal support.

Appellant suffered a mental breakdown shortly after the filing for dissolution and was hospitalized for two months. After recovering, an attorney was retained and on November 30, 1973, the interlocutory judgment was set aside. Thereafter, discovery was engaged in by both parties in the form of interrogatories and requests for admission.

Following a settlement conference on February 28, 1975, the parties with their respective counsel stipulated in open court to a division of property, with this stipulation being incorporated into the trial court’s interlocutory judgment of dissolution entered on March 17, 1975.

In accordance with the stipulation, appellant was awarded the promissory notes to two deeds of trust of real property, in…