In re Marriage of Garcia
C.A. 4th; D070493 The Fourth Appellate District affirmed a family court order. The court held that a judgment of dismissal in a dissolution action, based…
August 07, 2017 at 06:12 PM
3 minute read
C.A. 4th;
D070493
The Fourth Appellate District affirmed a family court order. The court held that a judgment of dismissal in a dissolution action, based on the absence of a valid marriage, did not bar a subsequent action for nullity on grounds of fraud.
In 2014, Florencia Garcia petitioned to dissolve her marriage to Juan Garcia. She alleged that they had been married in Mexico in October 1989. She sought a determination of property rights, spousal support, and attorney fees and costs. Juan moved to dismiss, arguing the couple was never legally married. The family court granted the motion to dismiss, finding there was no marriage. In 2015, Florencia filed a second petition, seeking a judgment of nullity on the ground of fraud. She again sought a determination of property rights, spousal support and attorney fees and costs. After hearing, the family court found Florencia was Juan's “spouse or putative spouse” and had the right to pursue the claims set forth in her petition. The court subsequently found Florencia was entitled to putative spouse benefits and ordered Juan to pay spousal support arrears, temporary monthly spousal support, and attorney fees and costs.
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