Carter has a new client, Gwen, whose situation raises common law marriage questions. Carter asks you and the other paralegals in the division to review the client’s case, discuss it, make a recommendation to Carter.

Instructions:

Review the Facts in the client’s case, analyze the questions that follow and discuss with colleagues.

Facts: Gwen and Paul began dating in 2007, and moved in together in 2008, sharing a home in Washington, D.C. In October 2008, when both were 23 years old, they decided to marry. They didn’t want a “traditional” wedding marriage, however, so they never applied for a marriage license. Instead, they invited ten friends and held a small ceremony in Rock Creek Park in which they pledged to love each other forever. Thereafter, Gwen and Paul referred to each other as husband and wife.

Gwen gave birth to their first child in 2012, their second child in 2014, and their third child in 2015. A few months after the birth of their third child, the family moved to Philadelphia, Pennsylvania where they always introduced themselves as a married couple.

For several years, Gwen has been unhappy in the marriage and wants to end her relationship with Paul. Gwen had been hoping to remain with Paul to raise the children until their youngest graduated from high school, but she’s so miserable she wants to “break up” with Paul and move on from the bad relationship. Paul has told Gwen that if she leaves him, she will have no right to see the children and will get no financial support because they were never “legally” married.

1. Analyze and explain whether Paul and Gwen meet the requirements of common law marriage in Pennsylvania and whether they can separate without a divorce.

• Cite the statute that lists those requirements in correct Bluebook format.

2. Analyze and discuss what legal steps are necessary for Gwen to leave the relationship, i.e., whether she must obtain a divorce, etc.