In re Marriage of Andresen

In In re Marriage of Andresen (1994) 28 Cal.App.4th 873, husband unsuccessfully sought to vacate a default judgment in a marital dissolution that he claimed was void because the wife's family law form pleadings didn't allege the value for certain property items, identify certain community assets, or request an "equalizing payment" from husband. (Id. at p. 877.) The Andresen court, citing Lippel, supra, easily disposed of husband's appeal: "As we read Lippel, due process is satisfied and sufficient notice is given for section 580 purposes in marital dissolution actions by the petitioner's act of checking the boxes and inserting the information called for on the standard form dissolution petition which correspond or relate to the allegations made and the relief sought by the petitioner." (Id. at p. 879.) In Andresen the wife had in fact checked all of the correct boxes on the form, and consistent with the choices she made, attached a property declaration which listed assets and liabilities. Further, consistent with the "'instructions'" on the declaration form, she did not assign values or propose a particular division. (Ibid.) On these facts, the court concluded: "therefore, because the wife properly and fully completed the petition and its necessary attachments to the extent of the relief requested on the face of those documents, the husband was given adequate notice that the wife sought a division of the property and liabilities identified in the wife's papers." (Ibid.) In short, the husband sought to set aside a default, arguing the default judgment provided relief in excess of that demanded in the complaint. The court found due process satisfied and sufficient notice is given for section 580 purposes in marital dissolution actions by a petitioner's act of checking the boxes and inserting the information called for on the standard form dissolution petition. (Andresen, supra, 28 Cal.App.4th at p. 879.)