Question presented
Did Oscar Roger and Margaret Frost meet the qualifications for a common-law marriage under Kansas law?
Brief Answer
Yes. For there to be a common law marriage under Kansas law “the marriage agreement need not be in any particular form” there just needs to be a present mutual consent to the marriage between the parties. see In re Estate of Antonopoulos, 268 Kan. 178, 993 P.2d 637, 192 (1999). Both Oscar Roger and Margaret Frost would often refer to each other as husband and wife. Margaret’s usage of Roger’s last name and rings reflect that mutual consent.
Statement of Facts When Oscar Roger (eighteen) and Margaret Frost (nineteen) first started dating, Oscar would often stay the night at Margaret’s apartment. A year and half into the relationship Margaret and Oscar had a baby together, named
…show more content…
Dixon v. Certainteed Corp., 915 F. Supp. 1158, 1160 (D. Kan. 1996). In Dixon, Plaintiff sought to recover for loss of consortium, which required the existence of a valid marriage contract. Id at 1159. Plaintiff testified he was common-law married (since he thought it only took six months to be common-law married) and had lived with his wife for two years in Kansas. Id at 1161. He went on to state that did not consider himself married nor divorced in Missouri since he thought his marriage had cancelled once they moved there. Id. This lead the Defendant to argue that his testimony did not reflect a present agreement to be married. Id. This was furthered, by the insufficient evidence in the record to determine whether plaintiff had a present marriage agreement with the woman. The court held that there was insufficient evidence in the record to support Defendant’s motion for partial summary judgment. The court found that present agreement was not a literal term. It should instead be interpreted as a relevant time
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
Further, throughout the book, Sadie and Bessie continuously reminds the reader of the strong influence family life had on their entire lives. Their father and mother were college educated and their father was the first black Episcopal priest and vice principal at St. Augustine Co...
Issue: Did the State of Illinois violate the Equal Protection Clause when it denied Peter Stanley a hearing on his fitness to keep his children?
Margaret Sanger was born on September 14, 1879, in Corning, New York. She was the daughter of two Irish Catholic parents who had eleven children in total. She witnessed the struggles that having a large family brought upon all aspects of her childhood, specifically her mother’s neverending stress. Sanger later attributed her mother’s death at the ripe age of 50 from tuberculosis to the strain of having eleven children and s...
Ellin, Abby. “Making a Child, Minus the Couple.” The New York Times. Nytimes.com. 8 Feb. 2013. Web. 14 Mar. 2013.
Based on their conversation, on December 30, 1963, Wolodzko and Dr. Anthony Smyk upon request of the plaintiff’s husband without her consent or knowledge signed a promised
...em Council when confronted with a similar disagreement, I will place my focus not on the law, but rather on how do we maintain the Christian fellowship between the two couples. We maintain that Christian fellowship by recognizing the differences, and as supported by the Apostle Paul they are “determined individually by conscience and Christian love.” (McRay, 2003, p. 130). As such, we should take hold of this opportunity to spread the Word of Jesus Christ.
The Supreme Court of Canada defines marriage as between two people with different gender. As time passes, the society changes as well as the law. “The law is a vital force in society: it is a skeleton that structures our economic, social and political lives” (Boyd, 2011).
On July 11, 1958 a couple of hours after midnight, Richard Loving a white man and Mildred Loving an African American woman were awakened to the presence of three officers in their bedroom. One of the three officers demanded from Richard to identify the woman next to him. Mildred, full of fear, told the officers that she was his wife, while Richard pointed to the marriage license on the wall. The couple was then charged and later found guilty in violation of the state's anti-miscegenation statute.
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
Retrieved from http://www.divorcelawmi.com/about_divorce.php Stewart, S. D., & Croudep, C. (1998-2012). Clark County Prosecuting Attorney. Retrieved from http://www.clarkprosecutor.org/index.htm.
...osity of whether they will remain together or have to separate by death only to find out they are engaged to be married.
She remarried, but a great many Oklahomans apparently prefer living in sin. (Religion may not cause marriage after all.) According to the Times, the number of unmarried cohabitating couples in Oklahoma increased 97 percent in the past ten years. It increased 125 percent in Arkansas and 123 percent in Tennessee. The average national increase in unmarried couples for the same period was 72 percent.
Justice Anthony M. Kennedy wrote “No longer may this liberty be denied, and no union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were.” Then proclaimed “Marriage is a “keystone of our social order,” adding that the plaintiffs in the case were seeking “equal dignity in the eyes of the