## Facts

- David Jones, Jr. and Harriett Boyer Jones married in 1956, divorced in 1976, and remarried in Houston, Texas on April 12, 1978.
- In September 1978, David filed in Rapides Parish, Louisiana for separation from bed and board; Harriett, through appointed counsel, contested the allegations.
- In February 1979, David filed a supplemental petition seeking annulment of the 1978 remarriage (alternatively, separation), asserting the parties never lived together after the ceremony.
- The separation/annulment suit produced no final judgment; the record reflected no decree of separation, divorce, or nullity terminating the 1978 marriage.
- David married Ethel LeDuff Jones in Louisiana on April 8, 1983; they lived together as husband and wife until David’s death on March 31, 2005.
- After David’s death, Ethel sought to probate his statutory testament and be named executrix.
- Harriett petitioned to declare David’s marriage to Ethel absolutely null and to be placed in possession of her share of community property as surviving spouse.
- The trial court recognized Ethel as David’s legal wife and surviving spouse.
- Harriett appealed.

## Issues

1. Whether David’s 1978 remarriage to Harriett remained in effect at his death because no judgment dissolved or annulled it, rendering his 1983 marriage to Ethel absolutely null as bigamous.
2. If the 1983 marriage was absolutely null, whether Ethel nevertheless qualified as a putative spouse based on good-faith belief that David was free to marry.

## Decision

- The appellate court reversed the trial court’s judgment.
- The court designated Harriett as David’s legal surviving spouse.
- The court held David’s 1983 marriage to Ethel was absolutely null because David remained married to Harriett.
- The court recognized Ethel as David’s putative spouse.
- The court remanded for determination of the proper disposition of estate assets under governing law.

## Legal Principles

- A marriage validly contracted remains legally effective until terminated by death or a valid judicial judgment dissolving or annulling it; filing separation or annulment pleadings alone does not terminate the marriage.
- A second marriage contracted while a prior valid marriage still exists is absolutely null (bigamous).
- An absolutely null marriage may produce civil effects in favor of a spouse who contracted in good faith, allowing recognition as a putative spouse.
- Good faith for putative spouse status may be shown where the spouse reasonably believed the other party was free to marry, based on the circumstances known at the time of the marriage.

## Conclusion

The court held that the undissolved 1978 remarriage made Harriett the legal surviving spouse and rendered the later marriage to Ethel absolutely null, while still granting Ethel putative spouse status and remanding for allocation of estate assets consistent with the rights of a legal spouse and a putative spouse.


Succession of Jones, 6 So. 3d 331 (La. Ct. App. 3d Cir. 2009)