Cantarella v. Cantarella
191 Cal. App. 4th 916
| Cal. Ct. App. | 2011Background
- In 1991, Cantarella and Cantarella had a marriage ceremony but the certificate was rejected twice for registration due to a technical error.
- The parties did not resubmit the certificate, possibly to avoid tax consequences, so the 1991 marriage was never registered.
- Between 2000 and 2002, the parties had a second marriage ceremony.
- In 2008, the dissolution judgment awarded Wife spousal support per a prior agreement; Husband later sought modification.
- At the modification hearing, the court and counsel debated whether the marriage began in 1991 or in 2000/2002, with the court ultimately treating the 1991 marriage as valid.
- The court found the 1991 marriage to be valid despite nonregistration and ordered spousal support on a long-duration marriage basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does nonregistration of the 1991 certificate invalidate the marriage? | Cantarella argues registration is mandatory for validity. | Cantarella contends nonregistration undermines validity. | No; the marriage remains valid despite nonregistration. |
| Is the 1991 marriage putative or valid for spousal support duration? | Wife contends the 1991 marriage is valid and long enough for support. | Husband contends the later ceremony or nonregistration undermines duration. | The 1991 marriage is valid, not putative, for purposes of spousal support duration. |
Key Cases Cited
- DePasse v. DePasse, 97 Cal.App.4th 92 (Cal. Ct. App. 2002) (license mandatory for valid marriage; nonregistration discussed)
- Argonaut Insurance Co. v. Industrial Accident Commission, 204 Cal.App.2d 805 (Cal. Ct. App. 1962) (false names on license do not automatically void marriage)
- Estate of Lewis, 184 Cal.App.4th 507 (Cal. Ct. App. 2010) (plain meaning governs; statutory construction of Family Law Act)