Amanda Perez Lopez and Julia Perez v. Elsa Lopez Perez

Summary

The Florida Third District Court of Appeal considered whether evidence rebutted the presumption that a decedent’s second marriage was valid. The court held that the first wife established the absence of a reasonable probability that the decedent had obtained a divorce through records searches, evidence concerning Peruvian and Cuban records, and the decedent’s misrepresentations on the Peruvian marriage certificate. The order recognizing the second wife as the lawful spouse and personal representative was reversed.

Holdings

1. The presumption of validity attaching to a second marriage is not limited to rebuttal by no-divorce certificates from every jurisdiction in which the alleged first spouse resided; other competent evidence may establish the absence of a reasonable probability that a divorce was obtained.
2. Julia rebutted the presumption by showing no divorce records in Florida and Texas, producing a Cuban certificate showing no divorce record, and presenting evidence of Gregorio's false statements and inconsistent conduct in connection with the Peruvian marriage.

Questions Presented

1. Whether the court should abandon or limit the common-law presumption favoring the validity of a second marriage when the alleged first spouse has lived abroad and traveled extensively.
2. Whether Julia's evidence, considered collectively, rebutted the presumption of validity by establishing the absence of a reasonable probability that Gregorio obtained a divorce from her.

Disposition

reversed