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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT