What are the primary rights of a spouse in a separation action?

California, United States of America


The following excerpt is from Olsen v. Breeze, Inc., 48 Cal.App.4th 608, 55 Cal.Rptr.2d 818 (Cal. App. 1996):

Primary rights must be distinguished from the relief sought. For example, in Verdier v. Verdier (1962) 203 Cal.App.2d 724, 22 Cal.Rptr. 93, a divorce action, the court explained: "The right is not the right to procure a divorce, which pertains merely to the remedy; other remedies, such as the right to separation, to maintenance, etc., may accrue from the same misconduct. The primary right consists of the right not to be subjected to extreme cruelty, not to be deserted by one's spouse, not to have one's spouse engage in adulterous conduct, and the like. Presumably facts involving a violation of each of these rights may form a separate cause of action." (203 Cal.App.2d at p. 738, 22 Cal.Rptr. 93, italics in original.)

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