Sandi Lynn Pack v. James Wade Pack

This appeal arises from a divorce action in which the wife was granted a partial default judgment after the husband failed to enter an appearance or file a responsive pleading to the complaint, and failed to file a response or appear at the hearing on the wife’s motion for a default judgment. After receiving the order granting the partial default judgment, the husband retained counsel and filed a motion to set it aside pursuant to Tenn. R. Civ. P. 60.02(1) and (5), seeking relief for “excusable neglect” and for “any other reason justifying relief.” Following a hearing, the trial court denied the motion to set aside the partial default judgment upon a determination that the husband’s conduct precipitating the default was willful. The court also set a final hearing to try the remaining issues, including child support for the parties’ minor child and property division. After an evidentiary hearing, the trial court valued the marital estate at well over one million dollars; however, the total did not include the present value of the wife’s pension plan, which was classified as marital property and awarded to the wife. Excluding the unknown value of the wife’s pension, the court awarded 60% of the marital assets to the wife and 40% to the husband. This decision was based in part on the court’s finding that in addition to being the sole wage earner for the family, the wife was primarily responsible for the children and the home while the husband “dissipated marital assets” through stock trading. The husband appeals, contending the trial court erred by (1) failing to set aside the partial default judgment; (2) failing to make an equitable division of the marital estate by not determining the value of the wife’s pension plan, designating the husband’s stock trading losses as a dissipation of marital assets, and awarding the wife a greater share of the marital estate, despite the fact that the husband was the economically disadvantaged spouse; and (3) failing to award the husband his attorney’s fees. We affirm the trial court in all respects.