Stevie Del Busto v. John Del Busto

── Stevie Del Busto v. John Del Busto ── Court: Court of Appeals of Arkansas Date: April 22, 2026 Category: General Cite as 2026 Ark. App. 253 ARKANSAS COURT OF APPEALS DIVISION III No. CV-25-479 Opinion Delivered April 22, 2026 STEVIE DEL BUSTO APPELLANT APPEAL FROM THE POPE COUNTY CIRCUIT COURT [NO. 58DR-22-150] V. HONORABLE GORDON W. “MAC” MCCAIN, JR., JUDGE JOHN DEL BUSTO REVERSED AND DISMISSED APPELLEE MIKE MURPHY, Judge In this one-brief appeal, appellant Stevie Del Busto appeals the Pope County Circuit Court’s order setting aside the decree of divorce between her and appellee John Del Busto as void ab initio. The decree was originally filed nearly three years earlier on July 15, 2022. On appeal, Stevie argues the decree was not void; John’s challenge to the appeal is untimely; and the circuit court lacked authority to act. We agree with Stevie and reverse and dismiss. Stevie filed for divorce against John in March 2022. The complaint was verified under oath and alleged general indignities as the grounds for the divorce. Stevie requested that the circuit court divide the couple’s marital property and asked for joint custody of the parties’ two minor children. John was personally served with the summons and complaint on the same day that the divorce complaint was filed, which was March 29, 2022.  During the original divorce action, Stevie was represented by counsel, but John appeared pro se. During the case, John never filed an answer, but the parties exchanged information, including affidavits of financial means. On July 14, the parties’ affidavits of financial means—together with an additional affidavit from Jennifer Little—were filed with the circuit clerk. Jennifer attested that Stevie resided in Pope County and that Stevie was entitled to an absolute divorce from John. The divorce decree was entered on July 15 and confirmed that the circuit court found jurisdiction over both parties. Additionally, the court found that Stevie had “substantiated grounds for divorce” and that she was “treated with such general indignities as to make the marriage intolerable entitling her to an absolute divorce.” The divorce decree specifically states: That the Defendant, John Del Busto, recognizes that the pleadings, facts, and matters contained herein are true and correct providing a factual basis for finding that the Plaintiff is entitled to an absolute divorce. The circuit court went on to award joint legal custody of the minor children to the parties, with Stevie serving as the primary custodian. John was granted visitation. The decree set child support based on the parties’ respective incomes and apportioned responsibility for medical expenses and extracurricular costs. The decree also divided marital assets and debts. John was ordered to pay Stevie $20,000 in exchange for Stevie relinquishing her rights to certain real property the couple shared. Last, the divorce decree stated that it was agreed to by Stevie, John, and Stevie’s counsel, whose signatures appear on the decree. 2  On January 30, 2025, represented by counsel, John moved to set aside the 2022 decree, arguing that Stevie had not properly proved or corroborated the statutory grounds for divorce as required by Arkansas law. Specifically, he contended that no hearing or deposition in the case established grounds for divorce and that Jennifer Little’s residency witness affidavit was insufficient evidence. He argued that the decree was thus void. He furth