Rodriguez v. Rodriguez

The appellee, Oscar Rodriguez, filed a Petition for Review of the decision of the Court of Appeals, Division Two, holding that the ruling in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981) does not apply retroactively to a divorce judgment which became final prior to the date of the McCarty decision. We accepted review.

The original judgment in this case was entered in 1974. After the decision in the McCarty case, appellee, in August 1981, succeeded in having the superior court strike from the 1974 judgment the provision which awarded the appellant, his former wife, a…