In Re Marriage of Mulhern

On October 9, 1970, the Superior Court of Los Angeles County entered its decree dissolving the 31-year childless marriage of Robert and Margarette Mulhern. By that decree the court made an equal division of substantial community property and ordered Robert to pay $150 a month for spousal support “until further order of the court.” No award of attorney’s fees was made. (Robert had been ordered to pay $125 attorney’s fees in a previous order to show cause.)

Neither Margarette nor her attorney appeared at the hearing although the record indicates that both the court and Robert’s attorney made considerable effort to obtain such appearances.

At the hearing, only Robert testified and while Margarette’s physical condition was alluded to, no specifics were presented.

On October 23, 1970, Margarette noticed a motion for a new trial specifying 10 grounds which in various ways alleged that she had not received a fair trial. Following a hearing, the motion was denied on January 13, 1971. No appeal was taken from the decree or from the denial of the motion for new trial. The time for such appeal has since expired.

On April 12, 1971, Margarette filed two orders to show cause, one…