Divorce actions often involve a juxtaposition of emotions and legal and factual disputes that can be challenging to navigate. In San Diego Family Law Court., dissolution cases can become all the more complex if one of the parties dies before the matter is resolved. In a recent ruling, a California Court examined whether a Court has the authority to enter a judgment of dissolution after the death of one of the parties based on a settlement agreement that had been reached before the death occurred. If you anticipate your marriage ending, it is wise to talk to a San Diego divorce lawyer about your options.
Factual and Procedural History
It is reported that the husband and the wife were married in 2004 and separated more than ten years later. They had two children during their marriage. In August 2021, after a series of contested hearings, both parties and their counsel participated in a settlement conference, resulting in a comprehensive agreement (the Agreement). The Agreement covered various aspects of their separation, including custody, child support, spousal support, property division, and attorney’s fees. The Agreement specified that it would become a court order and could be incorporated into a formal dissolution judgment.
Allegedly, in late 2021after the Agreement was signed, email correspondence between the parties’ attorneys indicated disagreements and delays in finalizing the judgment. Unfortunately, the wife passed away in a car accident in December 2021. In February 2022, the wife’s attorney filed an ex parte request for entry of judgment, which was denied, leading to a subsequent request for order (RFO) and a hearing scheduled for July 14, 2022. The RFO sought to appoint the wife’s son as her successor and to retroactively enter a judgment based on the Agreement. The Trial Court entered judgment nunc pro tunc to August 24, 2021. The husband appealed. Continue reading