Fleming v. Fleming

I respectfully dissent from Syllabus 3 of the court’s opinion. The trial court was properly within the bounds of the record when it found no common-law marriage was established because no present marriage agreement between Irene Fleming and Elmer Schlarman was proven. It should be noted, however, Irene and Elmer have the capacity to be married, have lived together and had sexual relations. They have held themselves out to the public as husband and wife.

The public policy of this state should not require a former husband to continue alimony payments to his former wife after proving his former…