Howard v. Howard

Ray L. Howard, hereinafter referred to as Ray, appeals from the denial of his motion to vacate or modify a default divorce decree entered April 24, 1975. On June 13, 1975, on motion of Peggy Jean Howard, hereinafter referred to as Peggy, the decree was modified by a nunc pro tunc order of which petitioner had no notice. On August 7, 1975, Ray filed a motion to vacate or modify. Two issues are presented. (1) The validity of the nunc pro tunc order. (2) Whether the decree should be vacated or modified. We reverse in part.

At the time of the marriage, Ray was a Second Lieutenant in the military…