Park
Park v. Park
Opinion
lead Opinion
Bird, J.
Appellant challenges the denial of her motion to vacate a judgment of dissolution of marriage entered after her deportation to Korea. 1
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Appellant wife and respondent husband were married on May 28, 1968, and separated on August 23, 1972. On September 18, 1972, Mrs. Park’s attorney of record filed a petition for dissolution. On October 19, 1972, an order to show cause hearing was held and Mrs. Park was awarded custody of the children, child support and exclusive possession of the family home.
On September 24, 1973, a judgment of dissolution was entered with custody of the children, as well as substantially all the community property, being given to the husband. Mrs. Park seeks to vacate this judgment. She bases her claim on certain events that she stated occurred between the order to show cause hearing and the judgment of dissolution.
During the pendency of the dissolution proceeding, the Immigration and Naturalization Service (INS) ordered appellant to leave the United States. Her immigration attorney applied for a stay of deportation. However, sometime after January 8, 1973, she was notified by the INS to report for deportation on January 15, 1973. Although…