In Re Marriage of Walton

Wife appeals from an interlocutory judgment granting Husband’s petition for dissolution of marriage and denying Wife’s request for legal separation.

Facts

The parties were married on or about August 7, 1948 and separated approximately 21 years later on August 7, 1969. On October 6, 1970, Husband filed a petition for dissolution of marriage on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage (Civ. Code, § 4506, subd. (1)). On October 12, 1970, Wife filed her response seeking legal separation on the same ground, irreconcilable differences which have caused the irremediable breakdown of the marriage (Civ. Code, § 4506, subd. (1)). Prior to trial Wife moved the court to dismiss Husband’s petition on grounds that certain provisions of the Family Law Act enacted in 1969 (Stats. 1969, ch. 1608), particularly Civil Code, sections 4506, subdivision (1) and 4507, are violative of the California and federal Constitutions on several bases. The motion was denied, the matter proceeded to trial, and the court rendered an interlocutory judgment of dissolution of the marriage placing custody of the minor children of the parties with…