McKenzie v. McKenzie

SHUMPERT, Justice.

This is an appeal from a dismissal of a divorce proceeding. The central question is whether the issue of the existence of a common-law marriage is justiciable in the absence of a divorce proceeding or other legal proceeding necessitating the determination of whether a common law marriage exists. We hold that it is not, and affirm the trial court’s judgment.

Appellant Bonnie McKenzie (Bonnie) sued Donald McKenzie (Donald) for divorce. The case was divided into three separate issues: (1) the existence of a common-law marriage between the parties, and if a marriage was found to…