ILNews

Court rules on out-of-state marriages

Michael W. Hoskins
January 1, 2008
Keywords
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT