Byrne v. Byrne

By JUDGE WILLIAM R. SHELTON

The Court finds that all counts of Ms. Byrne’s motion should be denied. Mr. Byrne died before a divorce decree could be entered. This caused the divorce action to abate. By statute, the Court has been given the authority when it is granting a divorce to resolve the issues immixed with the divorce action. Where the divorce action abates, the Court’s power to resolve the issues therein ceases.

Ms. Byrne has requested that the Court carry on with equitable distribution and that the Court order plaintiff to pay defendant’s expenses, commissioner’s fees and attorney’s…