Legal Question in Family Law in California
motion for a judgment non obstante veredicto
b sued h, alleging that they are married and that h visited mental cruelty on b, and requested a divorce. In her answer h denied any mental cruelty and alleged that the paarties are not married. Are there any possible circumstances under which either party might succed in a motion for a judgment n.o.v.? discuss
1 Answer from Attorneys
Re: motion for a judgment non obstante veredicto
Pretty wierd question. First of all, California has not had "mental cruelty" as a basis for divorce since 1969. Secondly, you cannot seek a jnov where there was no jury trial to begin with. California does not have jury trials for divorce (rare occasions there might be an advisory jury).
If the parties were not married, and each knew they were not married, the court could still deal with some issues but could not issue a decree of divorce. If the parties thought they were married but were not, the court would treat all issues pretty much the same as in a divorce, except, again, there would be no final decree changing marital status.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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