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Williams v. Williams | 97 P.3d 1124 (2004)
Imagine that after many years of believing he or she is married, a person discovers the marriage is void because there was a legal impediment to its formation. Should the person be completely denied the civil effects of marriage? If the couple separates, such a rule could have harsh and seemingly unjust results. In Williams versus Williams, we explore the putative-spouse doctrine, which offers equitable relief ameliorating the risk of injustice.
After Marcie Williams separated from her husband John Allmaras, Allmaras notified her that he had legally divorced her. Some years later, Marcie married Richard Williams in a formal ceremony. After twenty-seven years, Richard learned that Marcie wasn’t in fact divorced from Allmaras when they married, rendering their marriage void.
Richard subsequently filed a suit to annul the void marriage. Marcie counterclaimed, alleging that she was entitled to spousal support and one-half of any jointly held property as a putative spouse because she believed in good faith that her marriage to Richard was valid. At trial, Richard argued that Marcie couldn’t have had a good-faith belief that their marriage was valid because she never received notice of any divorce proceedings for her prior marriage.
The district court granted the annulment, and, finding that Marcie had a good-faith belief the marriage was valid, awarded Marcie one-half of the couple’s jointly held property plus spousal support. Richard appealed to the Nevada Supreme Court.
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