California, United States of America
The following excerpt is from Lee v. Remnant & Outcast Church of Christ, B290240 (Cal. App. 2020):
Appellants also rely on McGuinness v. Superior Court (1925) 196 Cal. 222 (McGuinness). In that case, a wife filed for divorce in 1915, and in December 1915, the court issued an interlocutory decree in favor of the wife. (Id. at p. 224.) Thereafter, "the record in the case was silent until the third day of July, 1923, when it appears that upon motion of the [husband] a final decree was entered dissolving the marriage." (Ibid.) The husband died in October 1923, and his will left nothing to the wife. (Ibid.) The wife then challenged the final divorce decree, stating that after the interlocutory decree she and the husband had been living together as husband and wife, and the final decree was entered without her knowledge or consent. (Id. at pp. 224-225.) The executor of the husband's estate sought to bar any such action by the wife and to enjoin the court from taking further action regarding the divorce. (Id. at p. 225.)
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