Sohnlein v. Winchell

GRIFFIN, P. J.

Plaintiff Frances Augusta Sohnlein filed this action for declaratory relief against defendant Novella Marie Winchell, also known as Novella Marie Sohnlein, seeking to have a Mexican divorce obtained by Fred W. Sohnlein declared invalid, to be declared his lawful surviving widow, and to obtain a declaration that the defendant had no status as his widow. Novella cross-complained for a certain lump-sum benefit which she claimed was due her from the United States Civil Service Retirement Fund. From a judgment favoring the plaintiff, the defendant appeals.

Fred and Frances Sohnlein were married in Mich

[510]

igan in 1928. They moved to California in 1933 where they resided together until their separation in June 1957. Frances Sohnlein continued living in California at least through the trial in the instant ease. Except for a brief stay in Mexico, as set out below, Fred continued living in California until his death on April 11, 1960. Fred filed suit for divorce in Los Angeles County in May 1958. An interlocutory decree was entered in his favor on April 17, 1959, but no final decree was ever entered. In May 1959, he went to the State of Chihuahua, Mexico for two or three days. On or about July 3, 1959, the First Civil Court of the District of Bravos, Chihuahua, Mexico issued a decree of divorce in a suit filed by Fred, Frances having been personally served. On July 14, 1959, Fred Sohnlein and the defendant went through a marriage ceremony in Arizona.

The trial court found that both Fred and Frances were domiciled in the State of California at the time the Mexican divorce proceedings were commenced. The court concluded that the Mexican divorce decree was invalid, apparently applying Civil Code, section 150.1, which provides: “A divorce obtained in another jurisdiction shall be of no force or effect in this State, if both parties to the marriage were domiciled in this State at the time the proceeding for the divorce was commenced. ’ ’

Having determined that the Mexican divorce decree was invalid, the court further determined that Fred's marriage to Novella in Arizona was not valid and consequently Frances was his surviving spouse.

There is ample evidence to support the court’s finding that Fred and Frances were domiciled in California at the time the Mexican divorce proceedings were commenced. Their daughter testified to their continuous residence in California from 1933 until Fred’s death in 1960, as set forth above. Civil Code, section 150.2, provides: “Proof that a person hereafter obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this State within twelve months prior to the commencement of the proceeding therefor, and resumed residence in this State within eighteen months after the date of his departure therefrom, or (b) at all times after his departure from this State and until his return maintained a place of residence within this State, shall be prima facie evidence that the person was domiciled in this State when the divorce proceeding was commenced.”