Legal Opinion

In re the Marriage of Mu Chai

Court of Appeals of Washington

Decided July 6, 2004No. 52379-1-IPublishedCited by 10 opinions

1Opinion of the Court

Ellington, A.C.J.

A decree of legal separation may be converted to a decree of dissolution by motion of either party. We hold that due process does not require new original process for such a motion. The rule permits service *250by personal delivery or by mail to a last known address. But Mu Chai simply left a copy of his motion in a mailbox. This method of “service” did not comply with the rules, substantially or otherwise. Where the court has personal and subject matter jurisdiction, procedural irregularities render a judgment voidable, not void. Mu Chai’s decree of dissolution was thus…

2Cases cited20 opinions

  1. Marley v. Department of Labor & IndustriesWashington Supreme Court · 1994
  2. City of Seattle v. Public Employment Relations CommissionWashington Supreme Court · 1991
  3. Cheely v. ClaytonSupreme Court of the United States · 1884
  4. In re the Marriage of MoodyWashington Supreme Court · 1999
  5. In Re Marriage of MoodyWashington Supreme Court · 1999

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3Cited by10 opinions

  1. Servatron, Inc. v. Intelligent Wireless Products, Inc.Court of Appeals of Washington · 2015
  2. Westcott Homes LLC v. ChamnessCourt of Appeals of Washington · 2008
  3. Westcott Homes, LLC v. ChamnessCourt of Appeals of Washington · 2008
  4. David Thompson Parker v. Taylor Katherine SamuelCourt of Appeals of Washington · 2020
  5. In Re The Dependency Of S.e.r., Kizzy Reid v. DshsCourt of Appeals of Washington · 2019

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