Rosen v. Rosen

In this domestic relations matter, a final decree was entered in the Family Court in July 1977 granting the wife a divorce on the ground of irreconcilable differences. About a month later the husband moved to vacate the decree. He urged two grounds: (1) that the service of process commencing the action was fatally defective and (2) that when the final decree was entered another divorce petition filed by the wife and alleging the same grounds was pending in the Family Court. The motion to vacate was denied by a Family Court justice and the husband appealed.

In support of his assertion that…