Simmons v. O'BRIEN

This is an appeal from the order of the District Court denying a decree of dissolution. We reverse and remand with directions.

The sole and only issue is whether the District Court erred in refusing to grant a decree of dissolution on the ground that it lacked jurisdiction because of the form of name used in the petition for dissolution. At the time of marriage, petitioner-appellant Shirley A. Simmons did not take the married name of her husband, respondent-appellee Leo E. O’Brien. Throughout the marriage each of the parties practiced their professions in their former surnames. Appellant…