Legal Opinion · Concurrence

Staudenmayer v. Staudenmayer

Supreme Court of Pennsylvania

Decided July 23, 1998No. 0101 M.D. Appeal Docket 1997Published

1ConcurrenceNigro, Justice

I concur in the Majority Opinion. However, I would go one step further and advocate the abolition of common law marriage in this Commonwealth, thereby joining the majority of jurisdictions which have recognized the inappropriateness of such an ancient convention in modern times.1

*267I commend to the attention of the Majority the language of the judiciary of sister states urging the abolition of common law marriage.

For example, in the District of Columbia:

[S]uch a status is the product of an antiquated law and inattention to whether there is a need for a change. We ... question whether such an…

2Cases cited8 opinions

  1. Morone v. MoroneNew York Court of Appeals · 1980
  2. Dunphy v. GregorSupreme Court of New Jersey · 1994
  3. Johnson v. YoungDistrict of Columbia Court of Appeals · 1977
  4. McCoy v. District of ColumbiaDistrict of Columbia Court of Appeals · 1969
  5. Nestor v. NestorOhio Supreme Court · 1984

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