Chandler v. Central Oil Corp.
853 P.2d 649 (Kan. 1993).

Procedure:Claimant second wife appealed a judgment of the Kansas Court of Appeals, which reversed a district court decision affirming a decision to deny workers compensation benefits to claimant third wife.

Facts: Mary Chandler (P) claimed to be the widow of Fred Chandler in a workers' compensation action against Central Oil Coiporation for his death benefits. Eliza Chandler also claimed to be Fred's widow, as a result of a common law marriage contracted prior to his ceremonial marriage to P. The Administrative Law Judge ("ALJ") found Eliza's common law mar¬riage to Fred valid and awarded benefits to her as Fred's surviving spouse. P appealed to the director of workers' compensation, who upheld the ALJ. The district court affirmed the award. The court of appeals reversed and remanded the case with directions to apply the presumption of the validity of the subsequent marriage to P's and Fred's marriage and allow Eliza the opportunity to rebut the presumption. Eliza appeals.

Issue: When two marriages of the same person are shown, may the second marriage be presumed valid in the absence of establishing its invalidity by evidence so clear, strong, and satisfactory and so persuasive as to leave no room for reasonable doubt?

Rule: The law raises a presumption of the validity of a subsequent marriage

Holding: (Lockett, Justice) Does the law raise a presumption of the validity of a subsequent marriage? Yes. This presumption is one of the strongest know to the law. When an attempt is made to annul a marriage on the ground of a prior subsisting marriage of the other party, the presumption of validity of the subsequent marriage is stronger than and overcomes the presumption of continuance of the previous marriage. One who seeks to impeach the subsequent marriage assumes the burden of proving the evidence so cogent as to compel conviction that the previous marriage has not been dissolved. Eliza now bears that burden of proof Clear and convincing evidence is not the burden but this must be established by a preponderance of the evidence. Judgment of the district court is reversed and the case is remanded. Court of appeals is affirmed and modified.


AnalysisBecause of the peculiar nature of the relationship of marriage and the grave consequences upon its subversion, the law raises a presumption of the validity of the subsequent marriage. This strong presumption of validity of the last marriage may only be over¬come by the challenger presenting evidence so clear, strong, and satisfac¬tory and so persuasive as to leave no reasonable doubt that there was a valid prior marriage that was not terminated by death or divorce before the last marriage.