45 A.3d 1282
R.I.2012Background
- Zharkova sued Gaudreau for divorce, alleging a common-law marriage existed; Family Court dismissed for lack of clear and convincing evidence.
- Trial heard plaintiff’s and defendant’s testimony plus witnesses; credibility resolved in favor of defendant on key issues.
- Plaintiff claimed mutual present intent to marry began around 2000–2001 and that they lived together since 1998, with ongoing cohabitation until 2010.
- Plaintiff asserted conduct supporting marriage: joint tax returns (2005–2009), deed calling them husband and wife as tenants by the entirety, health-insurance designation, and mentorship of family functions.
- Defendant contended they were cohabiting, not married; no engagement, no wedding, and he did not view plaintiff as his wife; errors in financial documents were explained as incidental.
- Trial justice held there was no clear and convincing evidence of mutual intent to be husband and wife or of a community belief in their marriage; judgment affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mutual present intent to marry | Zharkova asserts clear intent to marry existed. | Gaudreau contends there was no mutual present intent to be married. | No clear and convincing evidence of mutual intent. |
| Belief in the community they were married | Zharkova argues there was a general community belief they were married. | Gaudreau argues no general, uniform community belief. | No general, uniform belief established. |
| Impact of financial and documentary evidence on the marriage question | Joint tax returns and deed support marriage. | Tax returns and deed were explained as non-marital acts or unclear without intent to wed. | Evidence did not prove mutual intent or community belief; credibility favored defendant's explanations. |
Key Cases Cited
- DeMelo v. Zompa, 844 A.2d 174 (R.I. 2004) (factors indicating lack of marriage evidence)
- Smith v. Smith, 966 A.2d 109 (R.I. 2009) (elements of common-law marriage and credibility review)
- Sardonis v. Sardonis, 106 R.I. 469 (R.I. 1970) (cohabitation and community conduct as evidence)
- Fravala v. City of Cranston ex rel. Baron, 996 A.2d 696 (R.I. 2010) (continuing recognition of common-law marriage and governing standards)
- Lovegrove v. McCutcheon, 712 A.2d 874 (R.I. 1998) (evidence of marriage-like conduct and documentation considerations (mem.))
- Odd Fellows' Beneficial Association of Rhode Island v. Carpenter, 17 R.I. 720 (R.I. 1892) (per verba de presenti—mutual present agreement required)
- DeAngelis v. DeAngelis, 923 A.2d 1274 (R.I. 2007) (standard for reviewing trial-court factual findings)
- Palin v. Palin, 41 A.3d 248 (R.I. 2012) (scope of appellate review in family-law decisions)