Carabetta v. Carabetta

438 A.2d 109 (1980)

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Carabetta v. Carabetta

Connecticut Supreme Court
438 A.2d 109 (1980)

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Facts

In 1955, Joseph Carabetta (defendant) and Evelyn Carabetta (plaintiff) exchanged vows in a marriage ceremony before a Roman Catholic priest. They did not, however, obtain a marriage license beforehand as required by Connecticut statutes. After the ceremony, Evelyn and Joseph lived together and raised four children with all indications that they considered themselves legally married. Eventually Evelyn filed for divorce. Joseph moved to dismiss on the basis that the couple was never legally married. The trial court held that the marriage was void because the couple never obtained a marriage license. The court then dismissed Evelyn’s divorce petition for lack of subject-matter jurisdiction. Evelyn appealed.

Rule of Law

Issue

Holding and Reasoning (Peters, J.)

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