Harkins v. Harkins

OPINION

FEDERICI, Chief Justice.

This is an appeal from the District Court of Bernalillo County, in which the trial court denied a motion filed by Mary Harkins (petitioner) to set aside a stipulated final divorce decree with respect to military retirement and alimony. In her motion, petitioner maintained that it was no longer equitable for the divorce decree to have prospective application. This contention was based on the fact that the decree was entered after the United States Supreme Court’s decision in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981), but prior to the…