California Court of Appeal

The trial court determination that husband was mentally capable of making a reasoned decision to end his marriage, is affirmed, where: 1) the mental capacity required to end one's marriage should be similar to the mental capacity required to begin the marriage; 2) the trial court correctly started with the baseline presumption Lyle had the capacity to make a reasoned decision to end his marriage, and cited to several facts in the record that supported the presumption; 3) the testimony from the husband and his experts provided ample evidence that husband was mentally capable of exercising a judgment, and expressing a wish, that the marriage be dissolved on account of irreconcilable differences and has done so; 4) the trial court did not misstate facts of the case; and 5) the trial court's finding of irreconcilable differences in this case is amply supported by substantial evidence.

Appellate Information

• Decided 06/26/2013
• Published 06/26/2013

Judges

• O'LEARY

Court

• California Court of Appeal

Counsel