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Domestic Relations: Divorce-Motion to Set Aside Judgment


Motion to Set Aside Judgment

Wife appealed from the denial of her motion to set aside judgment and decree of dissolution in her divorce case after wife and her counsel failed to appear, arguing that she “established defenses and good cause.”

Where the trial court made a judgment on the merits rather than a default judgment as wife had filed an answer, the trial court did not abuse its discretion in affording wife relief via the mechanism for default judgments.

Judgment is affirmed.

In Re the Marriage of: Belto (MLW No. 74674/Case No. SD36075 – 6 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Camden County, Koeppen, J. (Rachel Russell, Boonville, for appellant; Deirdre O’Donnell, Osage Beach, for respondent)