Mason v. Mason
Indiana Court of Appeals
775 N.E.2d 706 (2002)
- Written by Mary Katherine Cunningham, JD
Facts
In the 1980s, John Mason (plaintiff) traveled from Indiana to Tennessee to stay with his first cousin, Bonnie Mason (defendant). In 1986, John and Bonnie were married in Tennessee. John and Bonnie could not be legally married in Indiana as first cousins under the age of 65, but Tennessee law allowed such marriages. Three months after the marriage, John and Bonnie returned to Indiana, despite their apparent knowledge of Indiana’s law forbidding the marriage. In 1991, John was convicted of murder and sentenced to the Indiana Department of Corrections. Between 1991 and 2002, Bonnie provided John with funds to support his two children from a prior marriage and transferred certain assets from John to her name. On January 10, 2000, John filed for an annulment of the marriage, asserting the marriage was void under Indiana Code Section 31-11-8-3. On March 23, 2000, Bonnie filed an answer and a counterclaim, seeking the dissolution of the marriage. The trial court found the marriage was valid under the Full Faith and Credit Clause of the United States Constitution. John appealed to the Indiana Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Baker, J.)
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