ALLEN v. ALLEN

No. 1295-2.

12 Wn. App. 795 (1975)

532 P.2d 623

JUDY A. ALLEN, Respondent, v. JOHN R. ALLEN, Appellant.

The Court of Appeals of Washington, Division Two.

February 28, 1975.


Attorney(s) appearing for the Case

Lester Stritmatter and Stritmatter & Stritmatter, for appellant.

Judy Allen, pro se.


PEARSON, J.

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...

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