?

Log in

No account? Create an account

Previous Entry | Next Entry

          In the McDougall published opinion, the Virginia Court of Appeals affirms a determination that parties are not married when they “solemnized” before obtaining a marriage license, and did not solemnize after obtaining the license.  The opinion is straightforward.  Given the unusual facts, it is unlikely to be cited often.

            There are two unusual aspects:

              First, although the marriage is ultimately deemed void, during the pendency of the action the putative wife receives $300,000.00 in temporary support and $300,000.00 in attorney fees (out of $500,000.00 claimed) that she is not required to reimburse.

            Second, the opinion comes less than 90 days after the historic U.S. Supreme Court decision in
Obergefell v. Hodges, establishing a 14th Amendment right to same-sex marriage.  It is ironic to me that in the shadow of that monumental expansion of marriage eligibility, the court should write a 30-page opinion explaining why an opposite-sex couple seeking to marry failed to do so.
Olivier Denier Long is licensed in Maryland, Virginia and Washington, DC. This site does not provide legal advice. Case results depend upon a variety of factors unique to each case, and the outcome in one proceeding does not guarantee or predict a similar result in the future.

Profile

Vermont View
odl_blog
Olivier Denier Long, Esquire
EZ Justice, PLC

Latest Month

June 2016
S M T W T F S
   1234
567891011
12131415161718
19202122232425
2627282930  

Tags

Powered by LiveJournal.com
Designed by Tiffany Chow