Marriage Of Franse

190 Cal. Rptr. 885 (1983)

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Nature of the Case

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Facts

H and W were married on August 13, 1943, in San Jose, California. At the time of their marriage, H was in the third year of a 25-year naval career. He retired from the Navy in 1966 after attaining the rank of Commander. H began receiving a retainer payment upon his retirement. In 1966, they moved from California to Oregon. There they purchased a home and lived together until their separation on November 27, 1966. W was in California visiting their daughter when H notified her of his desire to separate. H later informed her that he wished a divorce and advised her not to return to Oregon. W remained in California. In March 1967, H moved to Idaho and filed for divorce on April 25, 1967. W retained California counsel in an attempt to obtain support benefits. W failed to appear upon her counsel's advice that Idaho could not adjudicate her property or support rights without her consent. A default was entered and the truck being the only property within Idaho was awarded to H. Three days later H and W entered into an agreement whereby W accepted title to the Oregon house plus its furnishings. On June 6, 1967, H remarried. In September of that year, H and his new wife moved to Ohio. H took a job with Ohio University. In May of 1970, H and his wife moved to Texas. There, too, H engaged in new employment. In 1974, H again relocated, this time in California, and engaged in new employment. On September 24, 1974, W commenced a proceeding in California for dissolution of marriage. Included in her petition for dissolution was a request for spousal support in the amount of $500 per month, a community share in H's vested military pension, attorney fees, and costs. H answered claiming the Idaho decree of divorce 'settled all issues in the matter.' The court noted that other than the Ford pickup truck, the Idaho decree did not divide, allocate or mention any of the other property of the parties. The court concluded W had not waived her claims to spousal support or H's pension rights and that it had sufficient jurisdiction over the residue of the couple's property interests to make a disposition. H was ordered to pay 5 percent of his military pension rights, spousal support in the sum of $70 per month, and attorney fees and costs in the sum of $ 1,585.10. Both appealed.