In Re Marriage of Buecking (Majority)
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Amy Westman (Buecking) filed for legal separation from Tim Buecking. Over a year later, she filed an amended petition for dissolution of marriage. The decree was entered 8 days too soon. Mr. Buecking appealed, raising for the first time on appeal his claim that the trial court lacked subject matter jurisdiction because it entered the decree before the 90-day period had elapsed. Upon review, the Supreme Court concluded that the statutory 90-day period commences when the petition for dissolution is filed, not when a petition for legal separation (if any) is filed. Furthermore, the Court held in this case the error of duration was a legal error but not an error involving subject matter jurisdiction that could be raised at any time.
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