In Mix v. Mix, 146 Ad2d 302 (1st Dept. 1989), the Appellate Division reversed the trial court which had found a common law marriage between Regina Cross and Christopher Cross. In Cross, the parties’ relationship started in 1963 when each party was married to someone else and continued until 1983. It was not until 1979 that both parties were free to marry. From 1979 to 1982 the parties stayed two days in Washington D.C. and took a weekend trip toPennsylvania (both common law marriage jurisdictions). The trial court concluded that a common law marriage had been entered into Pennsylvania Pennsylvania and Washington D.
C. Brand new Appelllate Division found brand new Regina Get across didn’t have shown by clear and you may persuading facts your activities registered a legitimate well-known laws relationships immediately after their illicit matchmaking finished and you will overlooked the experience
One of the most publicized cases concerning a purported common law marriage was Jennings v. Hurt, 160 AD2d 576 (1st Dept. 1990), wherein the Appellate Division affirmed the trial court’s finding that there was insufficient evidence that William Hurt (one of the stars in the movie, “The Big Chill”) and Sandra Jennings, while residing in South Carolina, held themselves out as husband and wife after the date of Mr. Hurt’s divorce. Under South Carolina law, after a barrier has been removed (Mr. Hurt’s divorce), there must be mutual agreement to enter a common law marriage.
The brand new says you to definitely recognize common-law an excellent; Colorado; Iowa; Kansas; Montana; The new Hampshire (getting genetics objectives simply); Oklahoma; Pennsylvania; Rhode Isle; South carolina; Texas; and you can Utahmon law marriages are acknowledged on the Region f Columbia. There are not any uniform requirements to establish a common law matrimony. Each county has its own standards to form a common law wedding.
