In re Marriage of JOSEPH S. and TANYA M. CANTARELLA.
In this case, we consider whether registration of a marriage certificate was vital to the validity of a marriage under the Family Law Act (former Civil Code section 4000 et seq.). [1]
In 1991, a judge conducted a marriage ceremony for Joseph S. Cantarella (husband) and Tanya M. Cantarella (wife). The marriage certificate, however, was twice rejected for registration due to a technical error on the document. After the second rejection, the parties decided not to resubmit the certificate for registration, possibly to avoid the tax consequences of marriage.[2] As a result, the 1991 marriage was never registered. Nine to 11 years later (between 2000 and 2002), the parties were married in a new ceremony.
In 2008, the parties dissolved the marriage. As part of the dissolution judgment, the family court ordered husband to pay wife spousal support for several years in accordance with an agreement between the parties.[3]
Husband subsequently sought modification of the spousal support order. At the hearing on his order to show cause, the parties disagreed about how long they had been married. Husband argued the parties were married in 2000. But wife -- contrary to a filing she had made earlier in the dissolution proceeding -- claimed the parties were married in 1991. The court found the marriage was of long duration and therefore awarded wife permanent spousal support.
Husband appeals from the spousal support order.[4] We affirm, holding the 1991 marriage is valid even though the marriage certificate was never registered.
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