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Lynch v. Lynch

791 P.2d 653 (1990)

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Lynch v. Lynch

Arizona Court of Appeals
791 P.2d 653 (1990)

Facts

Michael Lynch (defendant) and Bonnie Lynch (plaintiff) married in 1968 and separated in 1985. Michael began living with a paramour, and Bonnie filed a petition for divorce. Michael did not contest Bonnie’s petition, and a default hearing was held on February 10, 1987. The court took the matter under advisement and, on February 19, 1987, vacated the hearing because Michael did not receive timely notice. On February 21, 1987, Michael and Bonnie won a $2.2 million jackpot in the Arizona State Lottery, with each owning a one-half share. Bonnie filed an amended petition, claiming her share of the lottery winnings. Michael filed an answer to the amended petition. The matter went to trial, and the trial court awarded one-half of the lottery winnings to Bonnie. Michael appealed, arguing that he and Bonnie did not acquire any community property after February 10, 1987, the date of the vacated hearing.

Rule of Law

Issue

Holding and Reasoning (Fidel, J.)

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