In Re the Marriage of Waters

This case concerns the narrow question whether the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. Section 1408, should be applied retroactively to final decrees of dissolution which were entered subsequent to the United States Supreme Court decision in McCarty v. McCarty but prior to the aforementioned federal statute. Although a number of states have already considered this question, it is one of first impression before this Court.

Doris Waters filed a petition in the District Court of the Eighth Judicial District to modify the dissolution decree entered in that court on October…