Legal Opinion

Hukka v. Weyhenmeyer

Pennsylvania Court of Common Pleas, Carbon County

Decided June 24, 2011No. 09-3409Published

1Opinion of the Court

NANOVIC, P.J.,

In these divorce proceedings, Shelly Jaye Weyhenmeyer (“defendant”), denies that the parties ever married. Since it is axiomatic that there must be a marriage before there can be a divorce, this issue was heard at a hearing held on January 18 and January 25,2011. As a result, we address one fundamental question: Was there a common-law marriage? The answer, as discussed below, is no.

FACTUAL AND PROCEDURAL BACKGROUND

In 1996, plaintiff and defendant began living together in a romantic relationship. At the time defendant was married. The relationship, which ended in November…

2Cases cited4 opinions

  1. Baker v. MitchellSuperior Court of Pennsylvania · 1940
  2. Staudenmayer v. StaudenmayerSupreme Court of Pennsylvania · 1998
  3. PPL v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2010
  4. International Painters and Allied Trades Industry Pension Fund v. CalabroDistrict Court, E.D. Pennsylvania · 2004

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