Kelly v. Kelly

Defendant, Everett C. Kelly, appeals from an order denying his motion to expunge orders entered June 12, 1974, which vacated a decree of divorce and dismissed the cause in which it was entered. Defendant urges that the trial court lacked subject matter jurisdiction to enter such orders and, as a consequence, they are void. He contends that his divorce from plaintiff, Ailene C. Kelly, on July 5,1973, therefore remains in effect. The trial court determined that it retained jurisdiction to vacate its previous divorce decree after the expiration of 30 days after the decree was entered. We reverse.