Court rules on out-of-state marriages

Michael W. Hoskins
January 1, 2008
Back to TopCommentsE-mailPrintBookmark and Share
Even if a marriage is questionable in another state, Indiana will recognize that marriage if it complies with Hoosier law.

An Indiana Supreme Court ruling late Tuesday gave that answer in Emma McPeek, et al. v. Charles McCardle, No. 58S01-0708-CV-305, which hails from Ohio Circuit Court and involves a technical issue regarding a couple not having an official out-of-state marriage license when they wed in Ohio, even though they'd had one from Indiana.

The plaintiff-appellants in this case sued following their mother's death in 2004 and contended that a marriage between Edwina VanTyle and Charles McCardle in 1994 was void and that the children were proper owners of one-half the farm that'd been in the family for three generations. VanTyle and McCardle were both Indiana residents and obtained a marriage license in Ohio County, and then went to Ohio for the marriage ceremony. The reverend was authorized to solemnize marriages in that state and completed a marriage certificate from Indiana, but not one for that state. The children alleged the marriage was void since not having a marriage license there violated Ohio law.

The Indiana trial judge granted a motion to dismiss for the husband on grounds that the daughter, Emma McPeek, didn't have standing; the judge concluded the marriage was voidable - not void - by Indiana law. The Court of Appeals affirmed last year and the justices have now done the same, but on a different legal theory.

Relying on caselaw that stretches back more than a half-century, the Supreme Court pointed out that unless strong public policy exceptions require otherwise, the law of a place where a marriage occurs generally determines the validity of a marriage. It found nothing indicating that Ohio marriages without a license violate the state law, though it noted the marriage could be seen as "defective."

Indiana justices were reluctant to rule solely because of what Ohio law says, pointing out that the high court there hasn't addressed this issue in 50 years and its intermediate appellate court last touched on this more than 30 years ago.

Instead, the court relied on Indiana law as the two lived here before and after the marriage ceremony and that both likely anticipated the marriage would be valid.

"We conclude that where, as here, a couple has complied with Indiana's statutory requirements regarding marriage licenses, certificates, and solemnization, such that the marriage would have been valid if solemnized in this state, we will recognize the marriage as valid even if the marriage ceremony took place in another state and didn't comply with that state's law or public policy," Justice Robert Rucker wrote.

Justices were quick to point out that state law already voids a marriage if Indiana residents go to another state to solemnize a marriage with the intent to evade either state's law. The opinion also encourages couples to check the legal requirements when exploring out-of-state marriages, and that those individuals should re-solemnize their marriage in Indiana to avoid future validity questions.

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.