In Re Marriage of Stich

Opinion

KING, J.

In this case we hold that where the subject matter jurisdiction of a California court is challenged in a marital dissolution action based upon the existence of a prior decree of divorce issued by another jurisdiction, the validity of which is in dispute, California courts have jurisdiction to issue temporary orders pending the adjudication of the validity of the foreign decree. The issuance of such an order is not an abuse of discretion if the court determines there is a reasonable probability of success in establishing the invalidity of the foreign decree and the proceeding…