In Re the Marriage of Timmons

Is a judge in a proceeding to modify an uncontested dissolution decree limited to evidence of postdecree facts showing a change of circumstances since the time of the decree? We conclude that when a dissolution is uncontested, a judge may consider predecree facts. The order in this case, which considered predecree facts is supported by substantial evidence and was therefore properly entered.

Petitioner Wendy Timmons (now Wendy Rolleston) and Elmer Timmons separated in June 1977 after 12 years of marriage. They agreed that their two children, now ages 9 and 6, would remain in the family home…