Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Howington v. Howington

The wife did not show harm from the 7-year delay in the husband's motion to set aside the parties' divorce decree.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Josie Howington appeals from the trial court’s order setting aside a divorce decree and directing her to reimburse her former spouse, Douglas Howington, for certain pension benefits she received. Finding no error, we affirm. Josie Wife and Douglas Husband Howington were married in 1989. They separated six years later, and in May 1997 Wife filed an action for divorce in DeKalb County, the county in which she lived. Wife served the complaint for divorce on Husband’s son, who lived in Fulton County, although at the time the action was filed Husband was living in North Carolina. Husband did not answer the complaint and he did not appear at a scheduled November 1997 hearing, at the conclusion of which the trial court issued a final judgment and decree of divorce. In addition to granting a divorce, the court awarded Wife one-half of Husband’s civil service pension for life. An amended qualified domestic relations order QDRO was issued on February 17, 1998 in accordance with Part 838 of Title 5 of the Code of Federal Regulations.

Husband filed a motion to set aside the divorce decree in June 2004, claiming he was not properly served. In her response, Wife argued that the motion was barred by laches because Husband knew Wife filed the complaint for divorce, he received a copy of the complaint, and he discussed the terms of the divorce with her. The trial court granted the motion to set aside on December 15, 2004, finding that Husband was not formally served with the complaint and that he did not waive service of process. An amended order setting aside the final decree was entered in October 2005 to further “set aside any subsequent Order which purports to distribute any assets between the parties including the Amended QDRO dated February 17, 1998.”

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs