Wall

Husband (F. P. Wall) appeals from an order granting a summary judgment to his former counsel (J. K. Donovan) in an action for malpractice in the marital dissolution proceedings. Husband argues that: 1) he was damaged by his lawyer’s failure to raise the domicile issue in the dissolution proceeding, which resulted in the erroneous distribution of one-half of his military pension to his former wife; and 2) the trial court erred in holding that he was collaterally es-topped from raising the domicile issue in the malpractice action. For the reasons set forth below, we have concluded that the order must be affirmed.

The record reveals the following pertinent facts: On June 29, 1972, the wife filed a petition for legal separation. On September 5, 1972, husband filed a response requesting dissolution of the marriage. His response admitted that he had been a resident of this state for at least six months and that the wife’s characterization of his vested Air Force retirement pension as community property was correct.

After a hearing, the stipulated interlocutory decree entered on December 15, 1972, included a division of the husband’s Air Force pension as community property. No…