In Re the Marriage of Zacher

¶1 The District Court for the Thirteenth Judicial District, Yellowstone County, dissolved the marriage of Michael and Tammy Zacher in September of 2003. Tammy appeals. We vacate the District Court’s judgment and remand.

¶2 The dispositive issue is whether Michael’s failure to issue a summons or serve a summons and dissolution petition on Tammy deprived the District Court of jurisdiction to enter judgment.

BACKGROUND

¶3 On August 18, 2003, Michael filed a petition for dissolution of his marriage to Tammy. The petition stated the parties had divided their real and personal property pursuant to a…