Fuchs v. Fuchs
Supreme Court of New York for King's County
64 N.Y.S.2d 487 (N.Y. Sup. Ct. 1946)
Mr. Fuchs (plaintiff) filed for fault-based divorce from Mrs. Fuchs (defendant), who initially contested it and even alleged he had committed adultery; that proceeding was discontinued. Mr. Fuchs then filed a new divorce petition and promised Mrs. Fuchs full custody of their child if she did not contest it. She agreed and let the case default, and the trial court granted the divorce on her default. Mrs. Fuchs then asked the court to vacate that default judgment and reopen the case, openly admitting she had defaulted intentionally as part of the custody arrangement.
Whether the rule that a party's motion to vacate a default judgment will be denied where the party intentionally suffered the default applies to divorce proceedings.