Barnes v. Barnes
California Supreme Court
1Opinion of the Court
Opinion
PANELLI, J.
This case involves Civil Code section 5124, which authorised courts to reopen marital dissolution judgments entered between June 26, 1981, and January 31, 1983, to divide military retirement benefits *1374pursuant to community property laws.1 In the present case, the Court of Appeal affirmed the trial court’s ruling that section 5124 was unconstitutional. Its holding conflicts with a number of Court of Appeal decisions that have upheld the constitutionality of section 5124.2(See, e.g., In re Marriage of Carpenter (1986) 188 Cal.App.3d 604 [231 Cal.Rptr. 783]; In re Marriage of…
2Cases cited20 opinions
- McCarty v. McCartySupreme Court of the United States · 1981
- In Re Marriage of BouquetCalifornia Supreme Court · 1976
- In Re Marriage of BuolCalifornia Supreme Court · 1985
- In Re Marriage of SheldonCalifornia Court of Appeal · 1981
- In Re Marriage of HopkinsCalifornia Court of Appeal · 1983
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3Cited by9 opinions
- Ross v. RossIdaho Supreme Court · 1990
- Walborn v. WalbornIdaho Supreme Court · 1991
- Balding v. CommissionerUnited States Tax Court · 1992
- Cassinelli v. Cassinelli (In re Cassinelli), California Court of Appeal, 5th District2018
- Leatherman v. LeathermanIdaho Supreme Court · 1992
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