Kelly v. Kilts
2010 WY 151
| Wyo. | 2010Background
- Ronald D. Kelly and Roxie Carol Kelly married in 1977; they had no children.
- Roxie Kelly filed a complaint for divorce on August 9, 2006; Ronald Kelly answered on September 8, 2006, not opposing the divorce to Roxie.
- Six days later, Roxie filed an emergency hearing motion alleging hospitalization in ICU and a desire to finalize the divorce to control health care decisions and inheritance.
- On September 15, 2006, the district court entered a decree dissolving the marriage and retained jurisdiction to equitably divide the marital estate later, noting efforts to schedule a hearing with Kelly’s attorney.
- Roxie Kelly died on September 19, 2006; Dustin Kilts, as personal representative of her estate, moved to be substituted, after which the district court denied motions to set aside the decree and to amend pleadings; the court later conducted a hearing on property division and Kelly appealed the decree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in entering the decree without a hearing and notice? | Kelly argues Rule 6(c) required a hearing and response time. | Kilts argues the emergency hearing was not required and discretion allowed entry without a hearing. | Yes, the court did not err; decree without a hearing was proper under Rule 6(c)(2) given the circumstances. |
Key Cases Cited
- Saunders v. Saunders, 464 P.2d 1020 (Wyo. 1970) (divorce decree bifurcation and later property issues)
- Durham v. Durham, 74 P.3d 1230 (Wyo. 2003) (bifurcated divorce with later issues)
- Eickbush v. Eickbush, 171 P.3d 509 (Wyo. 2007) (bifurcated proceedings and later disposition)
- Loghry v. Loghry, 920 P.2d 664 (Wyo. 1996) (due process and notice considerations in divorce cases)
- DH v. Dep't of Family Servs., 79 P.3d 997 (Wyo. 2003) (due process and notice requirements in state actions)