In Re the Marriage of Thacker

BABCOCK, Judge.

In this dissolution of marriage action, Retta Lou Thacker, wife, appeals the trial court’s denial of her motion to set aside the decree for lack of personal jurisdiction. The primary issue presented is whether the return of service which named the person served as “Patta Lou Thacker” constituted sufficient proof of service of process upon wife to allow the court to acquire personal jurisdiction over her. We conclude that it did not and reverse the denial of the motion to set aside.

A return of service constitutes prima facie evidence of the facts cited therein. Neher v. District…