In re Marriage of Modnick

In In re Marriage of Modnick (1983) 33 Cal.3d 897, the wife argued that a reconciliation, like the one here, which occurred prior to the interlocutory decree was also a ground for setting aside the divorce decree. The court disagreed, noting the "well-settled rule" that interlocutory divorce decrees are res judicata to all questions determined therein. (Id. at p. 911, fn. 13.) The court found that where the complaint had alleged irreconcilable differences, "the interlocutory judgment conclusively determined that irreconcilable differences existed between Marilyn and Zelig at that time. Marilyn may not relitigate that issue." (Ibid.)