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Religious Marriage Ceremony Alone Does Not Create "De Facto" Marriage In Kentucky

By Howard M. Friedman

In Pinkhasov v. Petocz, (KY Ct. App., Jan. 28, 2011), the Kentucky Court of Appeals held that a marriage solemnized religiously without the parties obtaining a civil marriage license is not legally valid and will not, in light of the state's refusal to recognized common law marriages, be recognized as a "de facto" marriage.  The parties, neither of whom were U.S. citizens, were married in Kentucky in a Jewish religious ceremony after Anna Petocz became pregnant. However both parties insisted that no marriage license be obtained or filed "based upon immigration concerns and a need to remain legally free to marry American citizens for the purpose of applying for citizenship."  While the parties held themselves out as husband and wife to their Jewish congregation and community, Petocz scrupulously avoided doing so on documents such as tax returns, passport application, apartment application and mental health records. Two years later, Petocz filed an action to dissolve the marriage. Daniel Pinkhasov moved to dismiss and urged the court to rule only on the issues of custody and child support.  The Court of Appeals decision supports Pinkhasov's position.

Full post as published by Religion Clause on January 30, 2011 (boomark / email).