Emma McPeek v. Charles McCardle
When: THU, NOV 1, 2007 at 9:45 AM
Court: Indiana Supreme Court
Panel: J. Shepard J. Dickson J. Sullivan J. Boehm J. Rucker
Case No: 58S01-0708-CV-00305
McPeek sought a declaration that the marriage of her late mother to McCardle, which was licensed in Indiana but solemnized in the State of Ohio, was invalid. The Circuit Court of Ohio County, Indiana, dismissed the lawsuit after concluding that the marriage was voidable, not void, and could not be challenged by McPeek. The Court of Appeals affirmed, concluding that our statutes do not require that a marriage licensed in Indiana be solemnized in Indiana and, alternatively, that the alleged defect would not render the marriage void. McPeek v. McCardle, 866 N.E.2d 387 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.