What is the test for establishing that a final decree was entered without the wife's consent?

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.)

Page 24

Other Questions


Can a police officer who enters a person's home without giving the proper notice of a potential trespassing violate privacy by entering into the residence without the proper physical barrier or physical barrier? (California, United States of America)
Does a police officer who entered a Defendant's home without a warrant violate section 844 of the California Criminal Code when he entered without a search warrant? (California, United States of America)
Does Section 844 of the California Criminal Code apply if the officer entered into the inner room of a house without the consent of a co-occupant? (California, United States of America)
What is the test for establishing consent for a search based on consent? (California, United States of America)
What is the test for establishing that a husband and wife signed an agreement that the wife would not interfere with the disbursement and distribution of her earnings? (California, United States of America)
Can the police enter a house without a warrant or consent? (California, United States of America)
In what circumstances will a police officer be allowed to enter a hotel room without the consent of the manager? (California, United States of America)
Is implied consent sufficient to establish a consent defense to burglary? (California, United States of America)
Does a superior court's finding that a trespassing officer had a right to enter the yard of a private member of the public who had entered the yard without permission of the police officer? (California, United States of America)
How have courts interpreted consent in cases involving consent and consent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.