Marriage Of Jacobson

207 Cal. Rptr. 512 (1984)

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Nature of the Case

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Facts

June 11, 1980, W filed a petition for legal separation. H and W, married 15 years, had 2 minor children. H filed a responsive declaration to the order to show cause and also a notice of motion to dismiss the California proceeding based on forum non conveniens and lack of consent to the request for legal separation. H was an active-duty military member whose residence was in Iowa but was located in California as a result of his military service. July 1, 1980, the parties signed a handwritten stipulation that W agreed to accept her % interest in H's Pension, as opposed to a cash out, when H first becomes eligible to retire from U.S. Navy and in exchange H will forthwith dismiss with prejudice the Iowa dissolution proceeding and further agrees to have case resolved under California law. On November 25, 1980, the parties stipulated that the court was to reserve jurisdiction over H's retirement rights. On January 26, 1983, H became eligible to but did not retire from the Navy. His pension as of that date was $1,579.85 per month. On March 11, 1983, W filed notice of motion to divide H's pension rights. H claimed the court did not have jurisdiction to apply state law or to determine that the pension was community property. The court disagreed. H appealed.