Johnson v. Johnson
Annotate this CaseIn preparation for filing for a dissolution action, Elizabeth Johnson prepared several documents, including a petition for dissolution, a voluntary appearance for her then-husband, Kari Johnson, and a proposed dissolution decree. Kari signed the voluntary appearance and proposed decree. Elizabeth filed the petition for dissolution and Kari's voluntary appearance in the district court. The district court held a hearing that Kari did not attend, but the court found that the voluntary appearance signed by Kari established personal jurisdiction. The district court entered the decree, which required Kari to pay child support and alimony to Elizabeth. Kari moved to vacate the decree of dissolution, arguing that the decree was void because the court did not have personal jurisdiction over Kari when Elizabeth failed to serve Kari with process and Kari never waived service. The court denied the motion. The Supreme Court affirmed, holding that the voluntary appearance waived service, and thus, the court had jurisdiction.
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