Marriage of Johns
This is an appeal by Faye P. Johns (hereafter Faye)[1]from the judgment on the petition filed by William D. Johns (hereafter William) declaring their marriage of 28 years a nullity under Family Code section 2201.[2] The issues decided against her and which she challenges on appeal are that the marriage is void because Faye was not legally divorced from her fourth husband at the time she married William, her fifth husband, and that Faye is not a putative spouse because she did not have a good faith belief in the validity of the marriage. More particularly, Faye contends that (1) the trial court incorrectly applied an objective standard to determine whether Faye had a good faith belief in the validity of her marriage to William; (2) even under an objective standard of good faith the evidence is insufficient to support the trial courts finding that Faye is not a putative spouse; (3) the evidence does not support the trial courts finding on the date of separation; (4) the trial court incorrectly found that estoppel does not apply to preclude William from challenging the validity of the marriage; (5) the trial court abused its discretion by denying Fayes request to submit her closing argument in writing; and (6) the trial court erred when it took judicial notice of various court records from Fayes prior divorce proceedings because the documents were not certified.
Court conclude for reasons Court explain below that Fayes claims are all meritless. Therefore court will affirm the judgment.
Comments on Marriage of Johns