Court of Appeals of Texas, Second District, Fort Worth
THE 324TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO.
SUDDERTH, C.J.; GABRIEL and PITTMAN, JJ.
MEMORANDUM OPINION 
Audrey Diane Gourley appeals from the trial court's
judgment declaring a 1998 divorce decree void and declaring
the property division as stated in the prior 1996 divorce
decree enforceable. Because we agree with the trial court
that the 1998 divorce decree was void, we affirm the trial
court's declaratory judgment.
The 1996 Decree
11, 1978, Audrey and Appellee Craig Neil Gourley were
married. During the marriage, Craig served as an officer in
the United States Air Force until October 1988, when he
separated from active duty to serve with the United States
Air Force Reserve. During his reserve duty, Craig worked as a
pilot for a commercial airline. In 1996, Craig filed for
divorce. The trial court signed a final divorce decree on
December 30, 1996,  and as relevant to this appeal, addressed
Craig's military-retirement benefits:
[Craig] is awarded the following as [his] sole and separate
property, and [Audrey] is divested of . . .
. . . .
. . . [a]ll right, title, and interest in and to that portion
of the United States disposable retired or retainer pay to be
paid as a result of [Craig's] service in the United
States Air Force and reserves subject to [Audrey's] award
as more fully set out in the Qualified Domestic Relations
Order [QDRO] to be entered herein. The [QDRO] will deal with
the benefits from the date of marriage to the date of
divorce. All other benefits are awarded to [Craig].
See generally Tex. Fam. Code Ann. § 7.003 (West
2006) (requiring trial court to address retirement benefits
in property division). The trial court then awarded Audrey a
one-half, separate-property interest in Craig's
[Audrey] is awarded the following as [her] sole and separate
property, and [Craig] is hereby divested of all right, title,
interest, and claim in and to . . .
. . . .
. . . [o]ne-half of [Craig's] retirement benefits from
the United States Air Force and Reserves from the
date of marriage to the date of divorce, provided
that, without affecting the finality of this decree, the
parties may submit a separate [QDRO] at a later ...