Chambers v. Ormiston
| Citation | 916 A.2d 758 |
| Decision Date | 17 January 2007 |
| Docket Number | No. 2006-340.,2006-340. |
| Parties | Margaret CHAMBERS v. Cassandra ORMISTON. |
| Court | United States State Supreme Court of Rhode Island |
The Family Court has certified a question of law to this Court pursuant to G.L. 1956 § 9-24-27 and Rule 72 of the Family Court Rules of Procedure for Domestic Relations. The certified question is contained in a document entitled "Request for Certification" that was received by the Clerk of the Supreme Court on December 14, 2006, and it reads as follows:
"Does the Rhode Island Family Court have subject matter jurisdiction under R.I. Gen. Laws § 8-10-3 (1956) to hear a divorce complaint wherein the plaintiff and defendant are of the same sex, were lawfully married in the Commonwealth of Massachusetts, are both domiciled inhabitants of the State of Rhode Island for at least one year, have met all other jurisdictional requirements and are seeking a divorce?"
The Family Court's "Request for Certification" was considered by this Court during a conference on January 4, 2007 and was further considered during a conference on January 10, 2007. After due reflection and discussion, we have decided that it would be premature for us to respond to the certified question at this time and that additional proceedings should take place in the Family Court prior to our determination of whether this Court should hereafter respond to the certified question.
In our judgment, this Court's ability to decide how best to deal with this particular certified question is dependent upon the compilation of a fuller factual record. See generally Inman v. Rhode Island Ethics Commission, 776 A.2d 1061 (R.I.2001). Accordingly, while retaining jurisdiction, we are remanding this matter to the Family Court for fact-finding and for the compilation of an appropriate factual record.
We direct that the following questions of fact be addressed:
• Was a Massachusetts marriage license [sometimes referred to in that state as a Certificate of Marriage] issued to the parties?
• Where was each of the parties domiciled at the time that they applied for a Massachusetts marriage license?
• Did each of the parties reside in Rhode Island at the time of the application for a Massachusetts marriage license? If so, for how long had each resided in Rhode Island?
• What residence address did each of the parties give upon applying for the Massachusetts marriage license?
• If a Massachusetts marriage license was in fact issued to the parties, did a solemnization thereafter occur? If so, where, when, and by whom was the marriage solemnized?
• Did each of the parties reside in Rhode Island at the time of the solemnization, if such solemnization occurred?
• Was the fully completed marriage license, including the certification of solemnization, if such solemnization occurred, thereafter returned to the appropriate governmental office? If so, to which office was...
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Chambers v. Ormiston
...whether the Family Court could recognize the purported marriage for the purpose of entertaining a divorce petition. Chambers v. Ormiston, 916 A.2d 758, 758-59 (R.I.2007) (mem.). The Family Court responded to our request on February 21, 2007. The court's response set forth its conclusion tha......