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In re Marriage of Recknor

138 Cal. App. 3d 539 (1982)

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In re Marriage of Recknor

California Court of Appeal

138 Cal. App. 3d 539 (1982)

Facts

In 1964, Eve Lynn Recknor (plaintiff) became pregnant with Ralph Recknor’s (defendant) child, and Ralph suggested that they marry. Eve told Ralph that she did not want to have a marriage ceremony because she had previously been married and her divorce was not final. However, upon Ralph’s persistence, the couple participated in a marriage ceremony. Eve’s divorce was finalized the following year. By 1980, the marriage between Eve and Ralph had deteriorated. Eve filed for a dissolution of the marriage and sought custody of the couple’s two kids, child support, spousal support, and attorney’s fees. In response, Ralph requested a court declaration of nullity of marriage. Ralph argued that the marriage was void because Eve’s first divorce was not finalized and that the marriage was voidable because Eve was already legally married when the marriage ceremony occurred. The trial court rejected Ralph’s arguments and entered an order requiring Ralph to pay spousal support and the attorney’s fees. Ralph appealed.

Rule of Law

Issue

Holding and Reasoning (Danielson, J.)

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