Barker V. Barker

Plaintiff-Appellant ("husband") brought suit in the District Court against Defendant-Appellee ("wife") for dissolution of marriage and division of property. The wife filed an answer and counter-claim, which, inter alia, alleged that she had obtained a divorce and collateral relief from the husband in the State of Indiana. The Indiana decree was entered ex parte on September 24, 1976. The wife alleges that the decree should be entitled to full faith and credit in New Mexico. Without contest, the trial court entered its order on July 1, 1977, that the Indiana decree, "a copy of which is attached hereto, be, and the same hereby is, granted full faith and credit in the State of New Mexico." The order, by its language, did not reduce the Indiana decree to judgment in New Mexico. On December 21, 1978, the trial court, after an evidentiary hearing, entered an order reducing the Indiana decree in its entirety to judgment in New Mexico. The husband appealed from the "Final Order entered herein on December 21, 1978." We affirm.