Chaney v. Netterstrom

The law requires an officiant to return the marriage license to the county; however, noncompliance by a nonparty does not necessarily invalidate an otherwise lawful marriage. Nor was the marriage invalidated by the parties' conduct in keeping the license or claiming "single" status to tax authorities and a bank. In this case, after three years of dating and cohabitation, appellant and respondent applied for a confidential marriage license and exchanged vows at a solemnization ceremony. For personal and financial reasons, the parties did not return the signed license to the county. Respondent filed for dissolution four years later, but appellant moved to quash on the ground that she and respondent were not married. The Court of Appeal affirmed the trial court's denial of the motion to quash. The court held that once the parties secured a license from the county, exchanged vows at a solemnization ceremony, and the license was authenticated, the parties were married. View "Chaney v. Netterstrom" on Justia Law