Karen Astorga v. Lucian Astorga

Pine Bluff, Arkansas divorce lawyers represented the parties in a marriage dissolution action.

Karen and Luciano were married for thirty-five years, and four children were born of the marriage. Luciano filed for divorce on October 4, 2021. Karen was served by a process server with a summons, complaint for divorce, and notice of hearing on restraining order on November 1.



A divorce hearing was held on February 1, 2022, but Karen was not present. The court stated from the bench that Karen had called its office that morning seeking to postpone the hearing so she could obtain representation. Luciano stated that he had been with Karen when she called the court but did not give any more detail.



Following the hearing, a divorce was granted on the basis of general indignities. A divorce decree and property settlement order was issued from the court a week later. The decree ordered that Karen was entitled to her marital share of Luciano's retirement account. A Qualified Domestic Relations Order (QDRO) dividing the retirement account was filed August 23, 2022.



On February 4, 2023, Karen, represented by counsel, filed a pleading titled "Brief in Support of Petition for Alimony." On February 8, Karen filed a motion to set aside the divorce decree under Rule 60 of the Arkansas Rules of Civil Procedure. In the motion, she alternatively requested that the divorce decree be modified to include alimony. Luciano moved to dismiss Karen's action for failure to state a claim and lack of jurisdiction.

Affirmed