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Williams v. Williams

Nevada Supreme Court
97 P.3d 1124 (2004)

Written by Craig Conway, LLM

Facts

Richard Williams (plaintiff) and Marcie Williams (defendant) were married in a formal ceremony. At the time, Marcie was under the good-faith belief that she had been divorced from her previous husband, John Allmaras. However, no divorce decree was ever entered by a court to dissolve the marriage between Marcie and Allmaras. Richard filed suit against Marcie, seeking annulment of their marriage. Marcie filed a counterclaim, seeking one-half of their jointly held property and spousal support as a putative spouse. At trial, Richard testified that Marcie knew or should have known that she was not divorced from Allmaras. Marcie testified that she believed she was no longer married to Allmaras and was able to marry again, based on Allmaras’s statements that there had been a divorce. At the close of evidence, the trial court found that Marcie was entitled to one-half of their jointly held property and spousal support. Richard appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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