Karen sued Joseph for Divorce in Connecticut. Joseph took the position that she could not get a divorce because they were no longer married. The reason? He died.
Connecticut law provides that a marriage may be terminated by divorce or death.
Joseph alleged that during the marriage he was technically dead for a period of time, albeit temporarily, until the use of CPR brought him back to life. Ergo, Karen was not entitled to a divorce. Joseph took this position in a Court filed pleading! The Court did not take his argument as serious as a heart-attack.
Joseph failed to provide any evidence supporting his claim, such as medical records and more importantly the definition of “death” is the permanent cessation of all vital functions, an irreversible cessation of circulatory and respiratory functions, or an irreversible cessation of all functions of the entire brain, including the brain stem.
Joseph, after all, was not dead. Just his legal argument was…and his marriage.
Matthew Thompson is a Divorce Lawyer in Mississippi and may can help resuscitate your case.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
Mississippi has specific licensing requirements to get married. You have to have a licensed issued, you have to have a ceremony and cohabit. The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.
But, what happens when there is a failure of one of the (3) requirements?
Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together. Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.
But, what if there was no ceremony?
Failure to have a Ceremony is fatal. It does not matter if the license was issued. It doe not matter if you shacked up. If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married. A Ceremony, of some type, is required.
So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.
Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.