Thursday, June 12, 2008

Latest on the family farm, a step-father and a dead mom

The Indiana Supreme Court issued its opinion in Emma McPeek, et al. v. Charles McCardle, . I wrote before about this case in The family farm, a step-father and a dead mom and Updating the family farm, a step-father and a dead mom.

The following is from the Indiana Lawyer Daily:

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.

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