Terry v. Lee

Finney, Justice:

Respondent Nancy W. Terry brought this action in the Court of Common Pleas seeking partition of Appellant Clyde J. Lee’s military retirement benefits based upon a property settlement agreement incorporated in the parties’ decree of divorce. The circuit court denied appellant’s motion to dismiss the action'for lack of subject matter jurisdiction. We reverse.

The parties were married in 1945, separated in 1966, and divorced in California in 1968. Prior to the Final Judgment of Divorce, the Superior Court of California issued its Interlocutory Judgment of Divorce dated November 1,…