Watson v. Watson

GRIFFIN, J.

This appeal comes to us on the judgment roll, affidavits and counteraffidavits in respect to the motion. According to defendant’s affidavit plaintiff-appellant, a United States Marine who was stationed in Japan, there married defendant-respondent, a Japanese girl, on July 19, 1953. He was later assigned to Hawaii, where they lived together until May, 1955. He was then reassigned to Orange County and they lived in a hotel in Santa Ana. On June 8, 1955, plaintiff abandoned her and on June 10th, filed this action for divorce on the ground of extreme cruelty. He alleged that there were no children the issue of said marriage and that they acquired certain community property; that he had provided an allotment to her in the sum of $240 per month and asked that this allowance be reduced to $125 per month. The prayer was for divorce, division of the community property, a reasonable allowance for defendant’s support, and that such payments cease on the entry of the interlocutory decree. Defendant did not read nor speak English sufficiently to understand it and apparently had no knowledge of the legal effect or purport of the copy of the complaint and summons served upon her on June 24, 1955. According to

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her affidavit she had never been in the United States before and had no friends or relatives. She was without the aid of counsel and did not know of her rights in said action or its nature. She alleged that in despair and without funds to employ counsel, she returned to Hawaii four days after service of this process, where she knew Japanese people and could converse with them. She further alleged that she, without fault on her part, never had her day in court and that plaintiff, knowing full well of the circumstances, took undue advantage of her, to the end that she was prevented from having her day in court. Before leaving for Hawaii she, by registered mail, wrote plaintiff and stated she had received the summons for divorce but did not understand why he was doing such a “dirty action against me”; and that she tried to contact him many times about it without success. She said please “stop that summons and divorce procedures ... I do not know what to do with these papers, so I am sending enclosed in this letter to you . . . How come that you can cheat me like this? No matter what will happen, I always love you.” After default was entered plaintiff, on September 28, 1955, obtained an interlocutory decree of divorce, an award of all community property, including real estate standing in their names as joint tenants. He was ordered to pay defendant the minimum allotment provided by the United States Government for one year.