Gray

Gray v. Gray

Good Law
1988 Cal. App. LEXIS 908·204 Cal. App. 3d 1239·251 Cal. Rptr. 846
Court of Appeal of CaliforniaSeptember 30, 1988No. A035782California5,758 words

Opinion

Lead Opinion

Barrydeal, J.

James A. Gray (Husband) appeals from an order granting the motion of Florence Adam Gray (Wife) to quash the summons and dismiss the proceedings in Husband’s California action for dissolution of the marital status filed in Mendocino County. The California court granted Wife’s motion on the grounds that Husband had failed to comply with the orders of the Superior Court for the District of Columbia (hereafter referred to as the D.C. court) in Wife’s action for separate maintenance in that jurisdiction and that the D.C. court was the proper forum for Husband’s petition for dissolution of the marriage. We reverse the judgment.

I. Factual and Procedural Background

Husband spent approximately 20 years in the United States Army. After a distinguished career, he retired from active duty in 1960. He and Wife were married in Bergamo, Italy, on October 31, 1974. Thereafter, the couple established residency in Washington, D.C. They separated in November 1982 and have lived apart since that time.

Wife filed a complaint for legal separation and maintenance in February 1983 in the D.C. court. At that time, she was 54 and Husband was 73. She alleged that there were no children of the…

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