In Re Marriage of Moore & Ferrie

Joseph bFrancis Ferrie appeals from a judgment holding his pension was a community property asset left unadjudicated by a prior judgment dissolving his marriage to respondent Edna Merle Moore, valuing the community interest in the pension at $397,836 and awarding respondent one half of that community interest. Appellant contends the court lacked authority to enter this judgment.

Statement of the Case and Facts

In April of 1979, the parties separated after some 25 years of marriage. Husband had been working for United Airlines since December of 1965, at which time the couple lived in California; husband had moved to Ohio in October of 1977 and wife joined him in January of 1978. Wife returned to California when the couple separated.

On May 2,1980, husband filed a complaint for divorce in Ohio. Wife filed a petition for dissolution of marriage in California on May 5, 1980. Husband effected service upon wife in accordance with Ohio law on May 29, 1980. Wife served husband in the California action on June 7, 1980, and also served and joined the United Airlines pension plans in the action. On the advice of counsel, husband made no appearance in the California action. On…