Driscoll v. Driscoll

Richard Driscoll (plaintiff) and Robin Driscoll (defendant) began living together. According to Richard, after a few weeks of cohabitation, he asked Robin if she was his “old lady,” and after she answered affirmatively, the two considered themselves married. Richard then gave Robin a set of wedding and engagement rings to wear on her left hand. He also once allegedly introduced them as a married couple to a prospective landlady. According to Richard, Robin allegedly told hospital staff that Richard was her husband when their child was born. Robin had a different view of these events and denied the two ever indicated they were married. According to her, after she became pregnant, she suggested marriage, which Richard declined at that time; and Richard later brought up marriage after the child was born, which Robin then declined. She also claimed that she made no representation of Richard as her husband and that she simply wore the rings to avoid embarrassment. Richard later filed a petition claiming Robin was his common-law wife and requesting a divorce with custody of the child. Robin denied the claim. The district court issued an order finding that there was no common-law marriage on the grounds that there was no agreement to be married and that the parties never held themselves out as married. Richard appealed, arguing, in effect, that there was insufficient evidence for the court to conclude that there was no common-law marriage.