Kelley

Kelley v. Kelley

Good Law
1969 Cal. App. LEXIS 2287·272 Cal. App. 2d 379·77 Cal. Rptr. 358
Court of Appeal of CaliforniaApril 29, 1969Civ. 33248California1,054 words

Opinion

Opinion

Thompson, J.

Robert H. Kelley, respondent, obtained an interlocutory decree of divorce from Dora L. Kelley, appellant, in November 1959 after 20 years of marriage. The decree approved a property settlement agreement which gave the family home and furnishings in Inglewood and certain personal property and bank deposits to Dora as her separate property and gave another parcel of real estate in Inglewood and certain personal property and bank deposits to Robert as his separate property. It also awarded alimony of $25 a week to Dora and ordered Robert to pay $30 a week for the support of a minor daughter and $20 a week for support of a minor son.

Robert rented an apartment in Glendale. From January until June 1960, he and Dora were frequent social companions and on occasions engaged in sexual intercourse. Late in June of that year, Robert suffered a heart attack. Upon his release from the hospital, he returned to what had been the family home in Inglewood. Robert continued to live at the Inglewood residence with Dora except for frequent and sometimes extended periods when his job as a heavy construction worker took him out of town. At all times material, Robert paid $70 a week to Dora and…

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