Catherine Thompson v. Field Thompson

These two appeals raise identical questions about the right of indigent persons to get divorces in the courts of this State on the basis of notice to the defendant by publication, when they are unable to pay the cost of serving summons by publication. There are no issues of fact involved. In each case the appellant sought to commence an action for divorce in the trial court and presented a petition to the trial Judge requesting an order of court permitting appellant to prosecute her divorce action as a "poor person" under I.C. 1971, 34-1-1-3, being Burns § 2-211, and also requesting a waiver of filing fees including the cost of publishing summons pursuant to I.C. 1971, 33-1-9-2, being Burns § 49-1305(b).