Lajoie v. Lajoie

KAUFMAN, P. J. This is an appeal in propria persona by the husband from a judgment of divorce awarding alimony, child support, and certain property to the respondent wife. Appellant contends that the judgment must be reversed because: 1) the parties were never validly married; 2) he was denied a fair trial; and 3) the awards of alimony and community property were excessive. There is no merit in any of these contentions.

Respondent filed her complaint for divorce on the grounds of extreme cruelty, and sought custody of three minor children. Appellant’s answer admitted the marriage and separation, the existence of certain community property, and requested a divorce, division of community property, and an order fixing child support. Before the trial, appellant retained Orville C. Pratt IY, Esq., who arranged for depositions of both parties and obtained permission to amend the answer and deny the validity of the marriage.

The evidence adduced at the trial indicated that the parties began living together in Augusta, Maine, in October, 1936. Their three children were born on January 30, 1938, May 20, 1939, and September 13, 1941. In September 1942, the parties moved with their three children to Rhode Island where, in February 1944, the fourth child was born. When the appellant entered the armed forces, he obtained a government allotment for the children and for the respondent, as his common-law wife. In 1944, the parties lived in Texas where the appellant was then stationed with the Air Force. At this time, the appellant suggested that they go through a marriage ceremony; respondent refused indicating that she did not think it was necessary because she was his wife and the marriage was recognized by the government. Subsequently, the appellant obtained a dependency discharge based on the ill health of his ‘ ‘ common law wife. ’ ’ Subsequently, the parties returned to Rhode Island, then lived in Colorado for several years, and moved to California in 1950.

The trial court found that the parties had cohabited as husband and wife with mutual consent over a period of time and, therefore, established a valid common-law marriage under the laws of Rhode Island, Texas and Colorado; that the respondent was entitled to a divorce on grounds of extreme cruelty and was entitled to support for the minor children, and alimony of $50 per month; that the community property of the parties was to be divided between them, and that the [588]respondent was entitled to costs and attorney fees, and entered its interlocutory decree of divorce accordingly.