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How this document has been cited

Our courts would generally look to the law of the place of the marriage ceremony to determine its validity unless contrary to public policy.
- in MT v. JT, 1976 and 3 similar citations
—proof of prior marriages by decedent and wife was insufficient to overcome presumption since evidence did not establish that decedent's first marriage was ever valid or that wife's first husband was still living at time of later marriage
- in Newburgh v. Arrigo, 1982 and 2 similar citations
Under New Jersey law, there is a strong presumption in favor of the validity of the latter of two successive marriages involving a common participant.
- in Prater v. AFTRA Health Fund, 1998 and 2 similar citations
The burden is on the party challenging the validity of the second marriage to prove by clear and convincing evidence that the first marriage was not so terminated and that the parties were, at the time of marriage, free from disabilities against a lawful marriage.
- in Prater v. AFTRA Health Fund, 1998 and one similar citation
—two petitioners in individual petitions, each claiming to be the widow of the deceased workman, at separate hearings obtained awards of compensation.
- in Dawson v. Hatfield Wire & Cable Co., 1971 and one similar citation
Both the Division and, on appeal, the County Court, in deciding in Doris' favor, ruled that the employer Todd Shipyards had failed to overcome the strong presumption in favor of the validity of her ceremonial marriage to Louis.
- in Weinberg v. SHIPYARDS, 1967 and one similar citation
At 332. "[T] he presumption of divorce terminating the prior marriage is not dissipated by the negative testimony of only one party to that marriage, unless there is also evidence that a search of the records of those jurisdictions where either of the parties may reasonably be deemed to have resided affirmatively shows no such divorce."
- in Prater v. AFTRA Health Fund, 1998 and one similar citation
Steven was obliged to prove the validity of her prior marriages and the invalidity of their termination by death or divorce.
- in Newburgh v. Arrigo, 1982 and one similar citation
The latter question is clouded with problems arising from an earlier relationship between Rose and one Gross, certain divorce proceedings between Rose and the decedent, and the latter's most recent marriage with another woman.
- in In re Friedman, 1964 and one similar citation
In its brief, appellant argues: "Although the Alabama Supreme Court has not been called upon to decide this specific question, there is compelling authority in other jurisdictions to the effect that at a bare minimum, the surviving widow must prove the existence of the marriage to meet her burden of proof."
- in Alabama Power Co. v. White, 1979 and one similar citation

Cited by

280 A. 2d 173 - NJ: Supreme Court 1971
405 A. 2d 360 - NJ: Supreme Court 1979
377 So. 2d 930 - Ala: Supreme Court 1979
140 NJ Super. 77 - NJ: Appellate Div. 1976
293 A. 2d 227 - NJ: Appellate Div. 1972
199 A. 2d 46 - NJ: Appellate Div. 1964
194 A. 2d 596 - NJ: Superior Court, Law Div. 1963
23 F. Supp. 2d 505 - Dist. Court, D. New Jersey 1998
J White - Available at SSRN 2627823, 2015

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