California Court of Appeal

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In re Marriage of Straczynski, D055871

In plaintiff's petition for dissolution of marriage from her husband, trial court's sua sponte dismissal of the action after determining that, due to plaintiff's advanced dementia, financial situation, and current relationship with her husband, dismissal would be in her best interest, is reversed and remanded with instructions that the trial court issue an order to show cause regarding whether - as is required for the prosecution of a dissolution petition by a party who is subject to a conservatorship - plaintiff currently has the necessary capacity to express an intent to obtain a dissolution of her marriage to her husband on account of irreconcilable differences.

Appellate Information

  • Decided 10/22/2010
  • Published 10/22/2010

Judges

  • IRION

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Lewis M. Wolensky

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