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Home / Opinion Digests / Domestic Relations / Domestic Relations – Common-Law Marriage – Same-Sex Couple – Pre-Obergefell Separation (access required)

Domestic Relations – Common-Law Marriage – Same-Sex Couple – Pre-Obergefell Separation (access required)

Although Obergefell v. Hodges, 135 S. Ct. 2584 (2015), applies retroactively, our state laws prohibiting same-sex marriage constituted an impediment to the formation of a common-law marriage until that impediment was removed. Since the parties separated before the impediment was removed, their relationship was not a common-law marriage. Where plaintiff’s complaint sought recognition of a common-law ...

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