Marriage of Patel CA4/3

California Court of Appeal Nov 20, 2025 No. G064218Unpublished

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Holding. The court held that a petition for legal separation may be dismissed when the respondent refuses to consent to the judgment, as Family Code section 2345 requires mutual consent for such a judgment to be rendered.

Issues

Whether a family court has the authority to dismiss a petition for legal separation when the respondent refuses to consent to the judgment.
Whether the trial court erred in dismissing the petition for legal separation given the appellant's claims regarding future intent to amend the petition for dissolution.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The family court can render a judgment of legal separation only with the consent of both parties, unless the judgment is taken by default”

“Family Code section 2345 does not expressly authorize a motion to dismiss. However, by creating a condition to rendering a judgment of legal separation (the consent of both parties), section 2345 impliedly authorizes dismissal”

Filed 11/20/25 Marriage of Patel CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re the Marriage of LILY and NIKHIL PATEL.

LILY PATEL, G064218 Appellant, (Super. Ct. No. 24D000720) v. OPINION NIKHIL PATEL,

Respondent.

Appeal from an order of the Superior Court of Orange County, James L. Waltz, Judge. Affirmed. Law Offices of Michele A. Dobson and Michele A. Dobson for Appellant. Walzer Melcher & Yoda, Christopher C. Melcher, Steven K. Yoda and Cynthia J. Ponce for Respondent. * * *

Lily Patel appeals from an order granting the motion of her husband, Nikhil Patel, to dismiss her petition for legal separation. The family court granted Nikhil’s1 motion and dismissed Lily’s petition for legal separation on the grounds that a judgment of legal separation could not be rendered without the consent of both Lily and Nikhil, and Nikhil had declared he would not consent to legal separation. We affirm.

FACTS We limit our statement of facts to those necessary to resolve the issues presented by this appeal. Lily and Nikhil were married in August 2002. They have a daughter, Leela (born May 2011) and a son, Talin (born February 2016). Both Leela and Talin were born in the State of Georgia. After living in Italy for a time, the family moved to California, where they lived from about December 2019 to June 2023. In July 2023, the family moved to Atlanta, Georgia where they lived in a condominium unit owned by Nikhil. Leela and Talin enrolled in school in Atlanta. Nikhil and Lily began searching for a larger home in the Atlanta area. In December 2023, Lily took Leela and Talin to California to visit Lily’s family. They planned to return to Georgia in January 2024. Nikhil joined them in California in early 2024. On January 8, 2024, Nikhil and Leela returned to Georgia. Lily and Talin stayed in California. Nikhil contends that Lily and her family

Marriage of Patel CA4/3

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

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