Andersen v. AndersenAnnotate this Case
The Supreme Court affirmed the order of the circuit court dismissing this divorce action between Charlotte Anderson and Arthur Anderson, holding that the circuit court did not err in concluding that Arthur’s death deprived it of jurisdiction to act.
After Charlotte brought this action, the parties informed the court that all issues associated with the divorce had been stipulated to. As relevant to this appeal, the parties agreed that the judgment and decree of divorce would be entered nunc pro tunc to March 1, 2018 and apply retroactively to December 31, 2017. The stipulation was read into the record, and the court orally bound the parties to the stipulation, but before the decree was entered, Arthur died. The circuit court dismissed the divorce action, concluding that it lacked jurisdiction to enter a decree of divorce because Arthur’s death had dissolved the marriage. The Supreme Court affirmed, holding that Arthur’s death abated the jurisdiction of the circuit court to enter a nunc pro tunc decree.