In Re Marriage of Stich

In this case we hold that where the subject matter jurisdiction of a California court is challenged in a marital dissolution action based upon the existence of a prior decree of divorce issued by another jurisdiction, the validity of which is in dispute, California courts have jurisdiction to issue temporary orders pending the adjudication of the validity of the foreign decree. The issuance of such an order is not an abuse of discretion if the court determines there is a reasonable probability of success in establishing the invalidity of the foreign decree and the proceeding has been instituted in good faith. We also hold that the appellant has appealed solely for purposes of delay and impose sanctions against him and in favor of respondent in the sum of $10,000.

Rodney F. Stich appeals from orders by the trial court that he pay temporary spousal support of $400 per month to Emma W. Stich and attorney fees of $2,500 to prosecute the action. He claims the trial court erroneously refused to recognize the validity of a 1966 Mexican dissolution proceeding and dismiss Emma’s California action. Thus, he concludes the trial court lacked subject matter jurisdiction to make any…