Grant v. Superior Ct. in and for County of Pima

HOWARD, Chief Judge.

Petitioner has been ordered to pay temporary spousal maintenance and other sums, all flowing from a common law marriage which he claims never occurred. He alleges an excess of the trial court’s jurisdiction in refusing to dismiss the action. We choose to assume jurisdiction of the matter and, since a court only has jurisdiction to award spousal maintenance in a dissolution proceeding governing a valid marriage and the situation before us is not a valid marriage, we believe the trial court did exceed its jurisdiction and we vacate its order.

The real party in interest…