Schueler v. Schueler

BOLIN, Judge.

At issue in this suit against plaintiff’s former husband to partition his military retirement benefits is whether plaintiff ex-wife has produced sufficient proof of her demand to confirm a default judgment in her favor. The trial judge ruled plaintiff proved her entitlement to one-half of all retirement benefits, commencing from the date of dissolution of the marital community. Defendant appeals. We set aside the default judgment and remand.

At the confirmation proceeding plaintiff proved the following facts by way of documentary and testimonial evidence: that her ex-husband…