Legal Opinion

Elmer v. Elmer

Court of Appeals of Texas

Decided April 19, 1978No. 6692PublishedCited by 6 opinions

1Opinion of the Court

OPINION

OSBORN, Justice.

This case involves the effect of a Kansas divorce decree upon military retirement benefits when the decree was silent as to the division of such benefits.

These parties were married in August, 1953, and divorced in December, 1976. The Appellee is a retired Lieutenant Colonel whose military retirement benefits are apparently in excess of $1,000.00 per month. The Kansas divorce decree divided the parties’ property according to a settlement agreement, but no mention was made of retirement pay. In this case, Appellant seeks a one-half interest in those benefits. Appellee…

2Cases cited15 opinions

  1. Busby v. BusbyTexas Supreme Court · 1970
  2. McCormick v. McCormickSupreme Court of Kansas · 1910
  3. Roe v. RoeSupreme Court of Kansas · 1894
  4. Noonan v. NoonanSupreme Court of Kansas · 1929
  5. Calkins v. CalkinsSupreme Court of Kansas · 1942

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3Cited by6 opinions

  1. Centre Equities, Inc. v. Tingley, Texas Court of Appeals, 3rd District (Austin)2003
  2. Tinsley v. TinsleyCourt of Civil Appeals of Alabama · 1983
  3. Cousins v. CousinsCourt of Appeals of Texas · 1980
  4. Centre Equities, Inc. and E. John Hosch v. Wallace G. Tingley, Jr., Texas Court of Appeals, 3rd District (Austin)2003
  5. Centre Equities, Inc. and E. John Hosch v. Wallace G. Tingley, Jr., Texas Court of Appeals, 3rd District (Austin)2003

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