Marriage of Melum CA1/1

I. BACKGROUND

Noel and Linda were married on April 20, 2006, and separated on June 6, 2009. The couple had lived together for more than 22 years prior to marriage and have an adult daughter. Linda filed a petition for dissolution of marriage on December 4, 2009. Linda‘s petition sought termination of the marriage, spousal support, and a determination of property rights. Noel filed a response on January 27, 2010, seeking dissolution and a determination of property rights. Linda filed a separate civil action against Noel on August 15, 2011 (commonly referred to as a Marvin2 action), alleging several Marvin causes of action arising out of the parties‘ premarital relationship. The Marvin causes of action concerned the same assets and similar equitable claims as the dissolution action. Sixteen days before the scheduled trial date in the dissolution action, Linda filed a motion to consolidate the Marvin action with the action for dissolution. Noel opposed the motion. On March 26, 2012, the court (the Hon. Robert S. Boyd) denied Linda‘s request to consolidate, finding (1) the civil action and family law action were ―in procedurally different postures,‖ (2) Linda had failed to file the…