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Cormier v. Cormier

The wife's 2-month separation from her husband before she filed for divorce did not establish that she deserted him for purposes of the alimony award.

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Husband, Denny Cormier, appeals from a final judgment of divorce, arguing that he was not given proper notice of the trial schedule, and thus that the trial court erred in granting the divorce after he failed to appear at trial. Because the trial court provided adequate notice of the trial date to husband, and because his other contentions have no merit, we affirm. Husband and wife, Nancy Cormier, were married in 1971, and wife filed a complaint for divorce in 2003. While the case was proceeding, the trial court held husband in willful contempt of its pre-trial temporary order for failing to satisfy his temporary alimony and discovery obligations. In the meantime, two successive attorneys withdrew from representing husband, who thereafter proceeded pro se. A trial was held on August 1, 2005. Although husband did not participate in the trial, the trial court granted a divorce and entered a final judgment awarding alimony to wife.

1. Husband argues that he was not provided adequate notice of the trial date. “A fundamental requirement of due process in any proceeding which is to be accorded finality is notice that is reasonably calculated to inform interested parties of an impending hearing and afford them an opportunity to present their objections.”1 The evidence clearly shows that husband was properly informed and had actual knowledge of the trial date, but that he chose not to participate.

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