This section contains the nature of the case and procedural background.

W and H were not a model of marital bliss and for the most part did not get along well with one another. They called each other names, lied about the events of their lives together and for the most part, hated each other. H even accused W of attempting to kill him by running him over with their car that he escaped from by turning the ignition off. There was basically no corroborating evidence or sufficient evidence to show just who was the evil spouse in all their goings on H sought and was granted a divorce on grounds of adultery. W defaulted. The lower court granted the divorce. W seeks to set aside the default alleging that she never committed adultery and only agreed to the story because H promised if she did, she would get custody of the children.

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