California Court of Appeal November 4, 1981, Civ. 25167 (In Re Marriage of Fellers)

Opinion

TAMURA, J.

The question presented on this appeal is whether

McCarty

v.

McCarty

(1981) 453 U.S. 210 [69 L.Ed.2d 589, 101 S.Ct. 2728] may be applied retroactively to judgments which were final when

McCarty

was decided. An interlocutory judgment of dissolution was entered in January 1976, awarding wife certain community assets, includ

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ing 40 percent of husband’s military retirement.