ALEXANDER v. ALEXANDER
2015 OK 52
Okla.2015Background
- Rhonda Alexander filed for dissolution on incompatibility after 39 years of marriage; Joseph Alexander disputed timing of divorce vs. property division.
- Court pronounced dissolution August 20, 2013, via in-court pronouncement and handwritten Court Minute signed by judge and counsel.
- Court Minute ordered mediation on property issues and journal entry within ten days, but no journal entry was filed.
- Rhonda died October 18, 2013, before property settlement or final journal entry.
- Appellee moved to dismiss for lack of jurisdiction after Rhonda's death; trial court granted dismissal; Court of Civil Appeals affirmed.
- Oklahoma recognizes divorce is enforceable when pronounced, even if a journal entry is not filed; issue is whether death abates the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the divorce final when pronounced, despite no journal entry? | Alexander successors | Alexander | Yes; enforceable when pronounced; death does not void |
| Can bifurcated property issues be addressed after divorce pronouncement? | Bifurcation permitted; proceed with property division | Bifurcation improper without final journal | Permissible; divorce final upon pronouncement and remand for property division |
Key Cases Cited
- Whitmire v. Whitmire, 2003 OK CIV APP 87, 78 P.3d 556 (Oklahoma Court of Civil Appeals (2003)) (discussed in context of death before journal entry and lack of jurisdiction to finalize decree)
- Corbit v. Williams, 1995 OK 53, 897 P.2d 1129 (Oklahoma Supreme Court (1995)) (distinguishes court minutes from judgments; minutes cannot be judgments though they may contain required elements)
- Pellow v. Pellow, 1985 OK 88, 714 P.2d 593 (Oklahoma Supreme Court (1985)) (judgment enforceable when pronounced; journal entry not essential to validity)
- Hibbard v. Hibbard, 1996 OK 60, 917 P.2d 473 (Oklahoma Supreme Court (1996)) (recognizes bifurcation of divorce and property division)
- Barnett v. Barnett, 1996 OK 60, 917 P.2d 473 (Oklahoma Supreme Court (1996)) (statutes permit separate actions for divorce and property division)
- Tuffys, Inc. v. City of Oklahoma City, 2009 OK 4, 212 P.3d 1158 (Oklahoma Supreme Court (2009)) (discusses procedural standards in dissolution and related actions)
- Simonson v. Schaefer, 2013 OK 25, 301 P.3d 413 (Oklahoma Supreme Court (2013)) (supreme court authorities cited regarding standards of review and jurisdiction)