Chase v. Chase

We are considering the instant action as an appeal from the judgment as modified on July 25, 1962.

Therefore, the first issue to be determined is whether the trial court has power to retroactively modify the judgment of legal separation to one of absolute divorce.

Divorce in this state is a statutory proceeding and for this reason the issues on this appeal must be determined from the statutes themselves.

The causes for divorce or legal separation are the same.1 But they are considered separate actions 2 and each has its own “kind of judgment.” 3 Despite this fact the trial court has the power to…