Bennett v. Bennett
Headline: Divorce ruling upholds judge’s power to condition a late answer on paying court-ordered temporary alimony, making it harder for absent spouses to evade support by moving or hiding assets.
Holding: The Court affirmed that, under the territorial statute, a trial judge may allow a defendant who defaulted to file an answer only on just terms, including complying with an order for temporary alimony.
- Allows courts to require defaulting divorce defendants to pay temporary support before filing an answer.
- Upholds judges’ discretion to set fair conditions for late filings in family cases.
- Discourages moving or hiding assets to evade alimony orders.
Summary
Background
A wife sought a divorce and asked the court for temporary alimony and lawyer’s fees because she was left sick and without means while caring for an infant. The husband was served but did not answer, moved to Nevada, and transferred property to others. The trial court ordered temporary alimony; the husband did not obey and later sought to file an answer, which the court conditioned on his compliance with the alimony order within five days.
Reasoning
The Court addressed whether the statute that allows a court to permit a late answer “upon such terms as may be just” lets a judge impose conditions like payment of temporary alimony. Relying on the record showing the wife’s need and the husband’s resources and conduct, the Court held the judge acted within discretion and the terms were reasonable. The opinion explains that the order was either reasonable or indulgent, that the husband had ample opportunities to be heard, and that earlier cases cited by the husband did not control. The territorial Supreme Court’s decision was therefore affirmed.
Real world impact
This decision means judges can require defaulting parties in family cases to meet fair conditions—such as making court-ordered support payments—before allowing late defenses. It also limits a defendant’s ability to avoid support by moving away or transferring assets if the record shows evasion. The ruling enforces practical remedies for spouses with little means to pursue enforcement.
Dissents or concurrances
Justice Brewer dissented; the opinion notes the dissent but does not detail its reasoning.
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