Jennings v. Hurt

554 N.Y.S.2d 220 (1990)

Facts

P and D lived together for three years. D was married when they met. 1n 1982, P became pregnant with the couple’s child. P and D began negotiating a contract to provide financial support for their child. In September 1982, D asked his wife for a divorce. D told P that the divorce did not mean he was committing himself to marriage. P and D lived together in South Carolina while D was filming “The Big Chill.” P and D did not present themselves as husband and wife. In December 1982, D signed a “Paternity Acknowledgement.” That same day, D allegedly told P that their arrangement did not matter because he considered themselves married “in the eyes of God” and “more married than married people.” P sued D to determine that the couple had entered into a common-law marriage in South Carolina. The court ruled for D and P appealed.