Ex Parte Hovermale

Although I am in complete agreement with the majority, it is important to state specifically why McCarty does not apply in this case. It is evident that the trial court had jurisdiction of the subject matter and the parties in this case when it entered its original judgment of divorce. Since no direct attack upon the trial court’s judgment was ever made, the decree of divorce became final. I agree that McCarty has rendered the decree of divorce erroneous, but I do not reach the conclusion of the majority in Buckhanan that McCarty rendered the decree of divorce void ab initio. Moreover, trial…