Good Faith and the Putative Spouse

Putative Spouse

Good Faith and the Putative Spouse

In Wagner v. County of Imperial the court found that the wife believed in good faith that she was married to her husband.

In this case, the parties exchanged marriage vows and started living together as husband and wife. They told everyone they were husband and wife, had one child together, and lived together for two years before the husband was killed in an auto accident. The wife filed for wrongful death against the county.

Although the trial court found that the wife believed in good faith to have entered into a valid marriage with her husband, it dismissed the case, because the parties did not solemnize their marriage.

The Fourth Appellate Court reversed holding that when the trial court found that wife in good faith believed that she had entered into a valid marriage, she qualified as a putative spouse. The fact that the marriage was never solemnized was a factor to consider in respect to good faith, but once good faith was found, the putative spouse doctrine applied.

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as the putative spouse doctrine or any other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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