Putative Spouse Doctrine

Putative Spouse Doctrine

Putative Spouse Doctrine

Ceja v. Rudolph & Sletten, Inc. was a wrongful death action that addressed the necessary state of mind that a person needs to qualify as a putative spouse.

The husband had been previously married when he met his second wife. He filed for divorce while he and his second wife were living together. He married his second wife before the divorce from his first wife was final. The marriage to his second wife was void even though the divorce to the second wife was finalized a few months after the marriage. Several years after the marriage to the second wife, the husband was killed in a work accident.

After her husband’s death, the second wife filed a wrongful death action against the defendant. The defendant filed a motion for summary judgment. The defendant argued that the second wife was not in a valid marriage with the decedent, because he was still married to his first wife when he married his second wife. Therefore, she was not entitled to any recovery as a surviving spouse. The second wife argued that she qualified as a putative spouse and was entitled to pursue a wrongful death action. The trial court dismissed the action, because the wife could not qualify under the objective reasonable person test as a putative spouse.

The Court of Appeal reversed, stating that in order to qualify as a putative spouse, the standard should be a subjective reasonable belief rather than an objective belief. The California Supreme Court granted review and upheld the Court of Appeal. The Supreme Court stated that the purpose of the putative spouse doctrine was to protect the expectations of innocent parties and to achieve results that are equitable, fair, and just. If the standard was objective then the very persons that the statute was meant to protect would not be protected. In reviewing an allegation of putative spouse, the court must look at the totality of circumstances to determine whether or not an individual asserting status as a putative spouse would qualify as a putative spouse.

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue 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.

Whether you're dealing with legal affairs or planning for the future of your family, our Orange County family law and estate planning attorneys can help you take control of your life.

Trevino Law

A guide to help make decisions about your divorce, and get peace of mind—all without leaving your home.

Get Your FREE Book Copy!

Divorce Lawyers