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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-southern judicial district No. 2005-727 IN THE MATTER OF JOHN M. MAYNARD AND INGRID I. MAYNARD Argued: January 17, 2007 Opinion Issued: July 13, 2007 Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief and orally), for the petitioner. Brennan, Caron, Lenehan & Iacopino, of Manchester (Kathleen A. Hickey on the brief and orally), for the respondent. DUGGAN, J. The respondent, Ingrid I. Maynard (wife), appeals and the petitioner, John M. Maynard (husband), cross-appeals a final divorce decree recommended by a Marital Master (Love, M.) and approved by the Superior Court (Hampsey, J.). We affirm. The following facts appear in the record. The parties were married in 1978 and have two children. Throughout the course of their marriage, the husband worked outside of the home and provided income for the family, while the wife stayed at home and cared for the children. Even after both children had entered school, the wife's employment was limited to substitute teaching and volunteer work at the children's elementary school. At some point later in the marriage, the wife's mental and physical health began to deteriorate. On February 5, 2002, the husband filed a petition for divorce, alleging that irreconcilable differences between the parties caused an irremediable

breakdown of the marriage. The superior court issued an order of notice on March 4, 2002, stating that a temporary hearing/structuring conference was scheduled for April 18, 2002. The order stated that the wife: must file a written appearance with the Clerk on or before March 28, 2002. If you or your attorney do not file an appearance, the Court will treat this case as though you were admitting the facts in the attached Petition. If you wish to file an answer, it must be filed by April 28, 2002. . . . If you do not comply with these requirements, you may be considered in DEFAULT, you may not have an opportunity to dispute this case and the Court may issue orders in this matter which may affect you without your input. The record indicates that the wife was served with the petition and order of notice by a deputy sheriff from the Hillsborough County Sheriff's Department on March 21, 2002. The wife, however, disputes that she received timely notice. She alleges that when the sheriff attempted to serve her, she did not answer the door. Further, she claims that her husband placed copies of the petition for divorce and order of notice in her school bag, which she did not discover until after the date of the temporary hearing. The wife did not file a timely appearance or answer, nor did she attend the temporary hearing. Consequently, the court found her to be in default, and scheduled a final default hearing for July 1, 2002. The court also approved the husband's temporary order, which provided that in lieu of alimony, the husband would continue to pay monthly expenses at the residence occupied by the wife, including the monthly mortgage payment, property taxes, telephone, utilities and home and auto insurance. The wife appeared pro se at the final default hearing, and the matter was continued to allow the parties to commence settlement discussions. Ultimately, settlement discussions were fruitless, and a final divorce hearing was scheduled for May 29, 2003. Both parties appeared with counsel for the May 29th hearing; however, the wife was taken away by ambulance before the hearing commenced. As a result, the court issued an order giving the wife "7 days from the Clerk's date of notice hereof to file an objection and her Proposed Final Order. Should she fail to do either, the Court may adopt [the husband's] Proposed Final Order as final orders in this case and the matter shall be concluded." Thereafter, the wife filed a timely objection to the husband's proposed final order and a motion to strike the default. The court denied the wife's motion, and ruled that "since the [wife] timely filed an objection to the adoption of the [husband's] Proposed Decree, a final hearing on the merits shall be scheduled . . . ."

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Shortly following the court's order, the wife was admitted to the New Hampshire Hospital in Concord. Over the course of her approximately elevenmonth stay at the hospital, the parties filed numerous motions and requests for continuances. Notably, the wife filed a motion to modify alimony and a motion to compel answers to interrogatories. On July 9, 2004, the court denied both motions and ordered that the matter be scheduled for a final hearing. Subsequently, on March 21, 2005, the wife filed another motion for alimony. This motion was also denied. The court conducted a final hearing on April 25, 2005, during which it heard testimony from both parties. On May 5, 2005, the court issued a decree of divorce. The court again refused to award alimony to the wife, explaining that "[b]y prior court rulings, the [wife] waived her claim to alimony." With respect to property division, the court ordered that the significant assets of the marital estate

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