Lois Lipton - Page 14

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          sec. 826.01 (West 2006).  While we believe that the State of                
          Florida had no reason to suspect that the Florida marriage was              
          void ab initio, we do not find that the subsequent annulment gave           
          validity to either the marriage entered into in Florida or the              
          cohabitation of petitioner and Mr. Khalil Aly in Delaware.  A               
          marriage void ab initio in the State where contracted is also               
          void ab initio in another jurisdiction.  Cf. Loughran v.                    
          Loughran, 292 U.S. 216, 223 (1934) (a general rule of conflict of           
          laws that a marriage, which is valid under the law of the place             
          where it is contracted, is recognized as valid everywhere).  As a           
          final point on the inconsequential effect of the annulment, we              
          conclude that the Delaware annulment did not validate any common            
          law arrangement that would permit petitioner to file as married,            
          as neither Florida nor Delaware recognizes common law marriage.             
          Del. Code Ann. tit. 13, sec. 126 (1999); Fla. Stat. Ann. sec.               
          741.241 (West 2005).                                                        
               In Delaware, the presumption of marriage arising from                  
          marital cohabitation is not conclusive but rather subject to                
          rebuttal, which may be made by proof of facts showing that no               
          marriage ever existed between the parties, or proof that at its             
          commencement either party had a prior spouse living and                     
          undivorced.  Owens v. Bentley, 14 A.2d 391 (Del. 1940).  Here, we           
          are convinced that the facts presented in this case are                     







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