Marriage Of Baragry

140 Cal. Rptr. 779 (1977)

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Nature of the Case

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Facts

H and W married in September 1956, and have two daughters, now 13 and 10. H is an eye physician and surgeon. H moved out of the family residence on 4 August 1971 and stayed for a time on his boat. Thereafter he took an apartment, into which his 28-year-old girlfriend and employee, Karen Lucien, moved and in which both now live. H maintained continuous and frequent contacts with his family. He ate dinner at home with wife almost every night in 1971 and 1972 and thereafter ate at home at least three to five times a week. He maintained his mailing address at the home. In 1971 and 1972, he took family vacations to Yosemite and San Francisco. On Christmas Eve, 1971, he slept at home. He took his family to all UCSB basketball games. In 1973, he went with W to Sun Valley for a week without the children. He frequently took W to social occasions -- parties at friends' homes, dinners for professional and academic groups, outings with other doctors and their wives. He sent W Christmas, birthday, and anniversary cards throughout the years 1971 to 1975, including a card stating, 'I love you' in 1973, and an anniversary card with a huge box of flowers in September 1975. In 1974, he filed an enrollment card at their daughter's private school stating that she lived at home with both parents. H and W filed joint income tax returns, and H maintained his voting registration at the home address. H paid all the household bills and supported his family. He regularly brought his laundry home to W, who washed and ironed it twice a month. There were no sexual relations after 4 August 1971. W knew H was living with Karen, but wife desired a reconciliation and continued to hope husband would return. H did not tell her he was never coming back. H testified he took W on outings in order to preserve social appearances and to keep in touch with his children, who otherwise would not come to see him. H maintained the facade of a marital relationship. H filed for divorce on October 14, 1975. The court ruled that separate was on August 4, 1971. W appealed.