California, United States of America
The following excerpt is from Marriage of Wells, In re, 206 Cal.App.3d 1434, 254 Cal.Rptr. 185 (Cal. App. 1988):
These two code sections must be construed to reconcile them if possible and to effectuate the legislative purpose involved in each. Section 580 is a general statute applying to all judgments taken by default for failure to answer in every type of action. (Kroupa v. Kroupa (1949) 91 Cal.App.2d 647, 651, 205 P.2d 683.) Section 4801 of the Civil Code is a special statute applying only to judgments decreeing the dissolution of a marriage. It is an accepted rule of statutory construction that a general statutory provision must yield to one that is special. (Ibid.) Section 4801 of the Civil Code applies to "any" judgment decreeing the dissolution of marriage which would appear to include a default judgment in dissolution proceedings. (See generally Kroupa v. Kroupa, supra, 91 Cal.App.2d 647, 651, 205 P.2d 683.)
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