In Re Marriage Of Sumner

645 S.W.2d 205 (1983)

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Nature of the Case

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Facts

D was married four times. After his third divorce, D was ordered by the court not to remarry within six months of that decree. D testified at trial that he received a copy of that decree shortly after it was entered. D began courting P before the third divorce decree had been issued and three months after it was issued, D married P in Iowa. They lived as husband and wife for 16 years and had four children. They filed joint tax returns and lived publicly as a married couple. At trial, the issue was whether the marriage was valid, as the original decree did not terminate his marital status for six months. D claimed that the parties were never married in that the Iowa ceremony happened within that six-month period. The case was dismissed as the trial court determined that the parties were never married.