Lena Victoria KELDERHAUS v. Bruce Lynn KELDERHAUS
N/AOUTCOME: Common Law Marriage Not Recognized in VA
This was a case of first impression, argued in front of the Court of Appeals of Virginia in Norfolk. Record No. 0569-95-1, Feb. 27, 1996. Richard F. Popp and John Max Barger, Virginia Beach, for a ... ppellant. There was no brief or argument for appellee. The judges present: BRAY, ANNUNZIATA, JJ., and HODGES, Senior Judge. BRAY wrote the published opinion. Lena and Bruce Kelderhaus lived in Arizona. They were not married at the time, waiting for Bruce's divorce from a previous marriage to be finalized. One of the couple's mother was on her death-bed in California. Her dying wish was that the couple marry. Lena and Bruce obtained a marriage license in California, where Bruce revealed that his divorce was final, so a valid marriage license could be obtained. In fact, his divorce was not final. The couple were married in California in an informal ceremony for the benefit of the matriarch. Upon returning to Arizona, the Kelderhaus couple wanted to celebrate their marriage with their church family. Indeed, Bruce's divorce was finalized, but the couple did not obtain a new marriage certificate in Arizona. The clerk at the Court House in their city of residence told them that it was unnecessary to obtain a second marriage license, since they had obtained one in California. The couple celebrated their marriage vows in a ceremony at their church. Bruce decided to move the family across the country to Virginia Beach, Virginia and enroll in divinity school at Regent University. Once enrolled and in divinity school, Bruce became abusive with Lena and her daughter. Lean and her daughter were forced to move out of the home for their own protection. In a hearing to determine support, Bruce said that he owned no support because the couple was not validly married - a surprise to Lena. Since the Kelderhaus couple had all the requisites of common law marriage and had held themselves out as married in a number of jurisdictions which recognize common law marriage, Lena argued, unsuccessfully, that their common law marriage should be recognized in Virginia. The Court of Appeals found that traveling through a state which recognizes common law marriage was not sufficient to establish a valid marriage. It was as if the couple had never been married.
