Dyess v. Dyess
April 21, 2012
A “complaint to sale and divide” property was made against Lajune Dyess by Edward Dyess. Lajune filed a counterclaim for a divorce stating that she and Edward Dyess entered into a common law marriage. The court found that a common law marriage had existed and granted a divorce between the parties. The court also awarded the former wife rights to the property under dispute and ordered the former husband to make mortgage payments on said property. Postjudgment motions were filed and the court ordered an amendment to the previous judgment requiring the parties to sell and divide their time share property in Mexico, equally, and ordered the former husband to pay $5,369.70 to his former wife to pay for attorney fees. The former husband appealed.
Decision: Reversed. The court found that there was insufficient evidence presented by the party of Lajune Dyess to properly support a common law marriage. The couple had no joint bank accounts, all deeds list both parties as single, and Edward never addressed Lajune as his wife while in public.