What is the test for abuse of reason in marriage law?

California, United States of America


The following excerpt is from Tate-Sylvester v. Sylvester, E053783 (Cal. App. 2012):

In reviewing for abuse of discretion, we consider whether or not the trial court exceeded the bounds of reason, all of the circumstances before it being considered. (In re Marriage of Connolly (1979) 23 Cal.3d 590, 598.) When two or more inferences can reasonably be deduced from the facts, we will not substitute our deductions for those of the trial court. (Ibid.) The burden is on the complaining party to establish abuse of discretion. (Blank v. Kirwan (1985) 39 Cal.3d 311, 331.) The showing on appeal is insufficient if it presents a state of facts that affords only an opportunity for a difference of opinion. (In re Marriage of Rothrock, supra, 159 Cal.App.4th at p. 230.)

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