Hall v. Maal
Florida District Court of Appeal
32 So. 3d 682 (2010)
- Written by Liz Nakamura, JD
Facts
Kimberly Hall (plaintiff) and Roberto Maal (defendant) did not apply for or receive a marriage license before conducting their wedding ceremony and reception. Maal refused to obtain a marriage license before the ceremony because the parties had not completed a prenuptial agreement. Both Hall and Maal understood a marriage license was required, but they decided to proceed with the wedding ceremony anyway. Approximately one year after the ceremony, Hall and Maal applied for a marriage license, but the license was never solemnized or returned to the court clerk. In the approximately four years following the ceremony, Hall and Maal had two children, obtained a joint mortgage, and held each other out as husband and wife. Hall then filed for divorce, and Maal challenged, denying the existence of a valid marital relationship. The trial court held that there was no valid marriage because there was no marriage license. Hall appealed, arguing the marriage was valid even without a license.
Rule of Law
Issue
Holding and Reasoning (Roberts, J.)
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