Allen v. Allen

In a post-divorce petition to modify the custody provisions of the decree, the trial court granted an in-trial oral motion of the petitioner’s counsel to vacate the entire decree of divorce on the grounds that the parties had cohabited while the trial of the original action was pending. The ruling was made despite the fact that both parties had married other persons in reliance upon the decree.

For the reasons stated below, we hold that the order vacating the decree was an abuse of discretion and the order is reversed and the decree of divorce reinstated.

Respondent, Judy A. Jones, had…