Zharkova v. Gaudreau

Plaintiff Sofya Zharkopva appealed a family court judgment that dismissed her complaint against Defendant Paul Gaudreau. In her complaint, Plaintiff alleged she and Defendant were in a common-law marriage. At trial, after hearing testimony from the parties and from several other witnesses, the trial justice found that the plaintiff had failed to prove the existence of a common-law marriage by clear and convincing evidence; accordingly, he dismissed the plaintiff's complaint. On appeal, plaintiff contends that the trial justice's decision failed to do "substantial justice" between the parties and that the trial justice overlooked and/or misconceived relevant and material evidence or was otherwise "clearly wrong." After review of the family court record, the Supreme Court concluded that the trial justice did not misconceive or overlook relevant evidence, nor was he clearly wrong when he found that Plaintiff failed to prove by clear and convincing evidence that a common-law marriage existed between herself and the defendant. View "Zharkova v. Gaudreau" on Justia Law