Bradley v. Bradley

867 A.2d 193, 2002 WL 1936349
CourtDelaware Family Court
DecidedFebruary 26, 2002
DocketNo. CS00-04215
StatusPublished
Cited by1 cases

This text of 867 A.2d 193 (Bradley v. Bradley) is published on Counsel Stack Legal Research, covering Delaware Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Bradley, 867 A.2d 193, 2002 WL 1936349 (Del. Super. Ct. 2002).

Opinion

HENRIKSEN, J.

Pending before the Court is a Request for a Review of Commissioner’s Order filed by Renee Bradley (“Petitioner”) on June 18, 2001. Petitioner is requesting that the Court review the Commissioner’s Order dated June 18, 2001 wherein the Commissioner granted a Motion to Dismiss Petition for Divorce filed by Jacob Bradley (“Respondent”). Respondent filed a response to petitioner’s Request for Review of Commissioner’s Order on July 5, 2001.

Procedural History

Petitioner filed a Petition for Divorce in the Family Court of the State of Delaware on August 17, 2000. Respondent subsequently filed a Motion to Dismiss Petition for Divorce on September 25, 2000.

A hearing was held on respondent’s Motion to Dismiss Petition for Divorce on May 4, 2001. Both parties were present in the courtroom. The Commissioner issued a written opinion on June 8, 2001 granting respondent’s Motion to Dismiss Petition for Divorce.

Petitioner subsequently filed a request for a Review of Commissioner’s Order. In her appeal, petitioner maintains that the Commissioner erred in dismissing her Petition for Divorce based on a finding that petitioner faded to establish that a common law marriage existed between the parties. She contends that the parties’ [195]*195relationship was a case of remarriage and the Commissioner erroneously applied the stricter “toleration” standard of common law marriage applied to previously unmarried couples.

In his answer, respondent asserts that the Commissioner’s Order should be affirmed. In support of his position, respondent makes reference to a Pennsylvania common law marriage case in arguing that one of the earliest requirements for the establishment of common-law marriage in Pennsylvania was the requirement of words in the present tense (“verba in prae-senti”), uttered with the view and for the purpose of establishing the relation of husband and wife.2 Respondent argues that there was no evidence presented at the hearing of the verba in praesenti necessary to prove a common-law marriage.

Legal Standard

From an appeal of a Commissioner’s Order this Court must make a de novo determination based on the record below.3 Following a review of the record, it is the determination of this Court that the Commissioner’s Order dated June 18, 2001 is hereby REVERSED.

Summary of Facts

The parties were married on January 14, 1956 in Emporia, Virginia, and subsequently moved to Texas where respondent joined the Coast Guard. Shortly thereafter, respondent was relocated to Louisiana, and then to Florida, where the parties remained for approximately two years. While living in Florida, the parties had one child. In 1960, petitioner filed a petition for divorce. There was a hearing on petitioner’s divorce complaint and both parties appeared. On May 12, 1960 the parties were divorced by final decree in Bay County, Florida.

Following the parties’ divorce in 1960, respondent moved to Philadelphia, Pennsylvania. Shortly after, petitioner and the parties’ son moved to Philadelphia to live with respondent. In 1969, the parties purchased a home together, which was titled in their joint names, and the deed read Jacob Lester Bradley and Renee Masten Bradley, his wife. (Emphasis added) After 1960, the parties had two (2) more children together, Allison in 1961 and Mandy in 1965. In 1974, the parties separated and petitioner left the home while respondent remained with the children. Respondent subsequently relocated to the State of Delaware in 1982 where he has continued to reside. Petitioner and the parties’ children moved to Delaware and lived with respondent for a short time until she was able to secure a residence of her own.

Petitioner’s Arguments

Petitioner first argues that the Commissioner erroneously applied the stricter toleration standard of common law marriage typically applied in cases involving previously unmarried couples. She further asserts that the Commissioner erred in concluding that verba praesenti was required to prove the existence of a common law remarriage. It should be noted that Delaware does not recognize common law marriages unless contracted in another state, such as Pennsylvania, where the validity of such marriages is recognized.4

Following a review of Pennsylvania case law on this issue, the Court found [196]*196that there is a distinct difference between the doctrines of common law marriage and remarriage. “The law views a common-law marriage and a common-law remarriage differently. A common-law marriage is disfavored, Baker v. Mitchell, 143 Pa.Super. 50, 17 A.2d 738 (1941) while a common-law remarriage is favored. Comm. Ex. rel Rubin v. Rubin, 201 Pa.Super. 517, 193 A.2d 639 (1963); citing as controlling, Wagner Estate, 398 Pa. 531, 159 A.2d 495 (1960).”5 In order to prove the existence of a common law marriage in Pennsylvania, “there must be an exchange of words in the present tense, spoken with the specific purpose of creating the legal relationship of husband and wife.”6 Furthermore, “cohabitation and reputation are not a marriage, they are but circumstances from which a marriage may be presumed, and such presumption may always be rebutted and will wholly disappear in the face of proof that no marriage occurred.”7

Conversely, in cases of common law remarriage, it appears that Pennsylvania courts traditionally apply a more relaxed standard of proof. In one noteworthy ease, Fragapane v. Fragapane, the Court specifically indicated that the strict language requirements of common law marriage do not apply to a common law remarriage situation.8 The Court made reference to another common law remarriage case, McDermott v. McDermott,9 which held that “the law’s role of mere toleration of the common law relationship should be reversed and the status of remarriage favored, even if acquired with common law informality.”10 The Fraga-pane Court noted that “[i]n light of this expressed policy, the oft-criticized distinction between verba de praesenti and ver-ba futuro in such cases has been relaxed ... In addition, the intent of the parties may be expressed in other non verbal ways.”11

In Fragapane, the Court ultimately held that “where parties are married, were divorced two years later, then continued to live together for 8 more years until separating, but purchased and owned property, obtained loans, and held themselves out in the name of husband and wife after their divorce but prior to their separation, evidence was overwhelming that parties had entered into common law remarriage.”12 The Court has thoroughly reviewed the Fragapane case and finds that the pertinent facts are closely similar to the facts of the present case. This Court is therefore guided by the reasoning and principles set forth in Fragapane in addressing the arguments raised in petitioner’s appeal.

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Bluebook (online)
867 A.2d 193, 2002 WL 1936349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-bradley-delfamct-2002.