Bilger v. BilgerAnnotate this Case
In July 2018, Leanne Hoff Bilger sued Joshua Bilger for legal separation. Bilger executed an admission of service, acknowledging he received the summons and complaint, settlement agreement and an exhibit relating to division of property and debts. The parties executed the settlement agreement which stated Bilger was a member of the armed forces. The district court issued an order for judgment, and the clerk of court entered a judgment granting the parties a legal separation. Joshua appealed a district court order denying his motion to dismiss and vacate the judgment for legal separation, arguing the court erred in finding the Servicemembers Civil Relief Act did not apply. The North Dakota Supreme Court concluded the Act applied; however, Bilger failed to invoke the protections of the Act.