Welsch v. Gerhardt

DENTON, Justice.

Mary Dale Gerhardt filed suit against William C. Welsch for a partition of her former husband’s military retirement benefits. The trial court sustained Welsch’s plea in bar and dismissed Gerhardt’s suit. The court of civil appeals reversed the trial court’s judgment and remanded the cause for a trial on the merits. 568 S.W.2d 873. We reverse the judgment of the court of civil appeals and affirm the judgment of the trial court.

On October 30,1970 Gerhardt and Welsch were divorced in the State of Washington where he was then stationed in the military service. The Washington…