Goswick v. Goswick
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The Supreme Court affirmed the judgment of the district court granting Wife a divorce after she defaulted on Husband's counterclaim that he was the aggrieved party, holding that, under the circumstances, the court did not abuse its discretion.
After Wife filed a complaint for divorce Husband answered the complaint and counterclaimed that he was the aggrieved party entitled to divorce. After Wife failed to timely answer Husband applied for entry of default on his counterclaim. The district court entered default on the same day it entered its decree granting Wife's complaint for divorce. Husband appealed, claiming that he was the aggrieved party entitled to divorce. The Supreme Court affirmed, holding that, viewing the record in the light most favorable to Wife, the court did not abuse its discretion in determining that she was the aggrieved party entitled to divorce.
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