Does the fact that a party merely failed to apply for a final decree of divorce constitute mistake, negligence or inadvertence?

California, United States of America


The following excerpt is from Waller v. Waller, 3 Cal.App.3d 456, 83 Cal.Rptr. 533 (Cal. App. 1970):

Evidence alone that a party merely failed to apply for a final decree of divorce does not constitute mistake, negligence, or inadvertence, since '(t) here is no rule of law which compels a party to apply for a final decree and the circumstances may be such that a party does not wish to apply for one. Many factors may prompt inaction, i.e., there may have been a reconciliation or there may be hope of one. * * *' (Berry v. Berry, Supra, 140 Cal.App.2d at p. 60, 294 P.2d at p. 764.)

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