Gay man asks DC court to declare him common-law husband of deceased partner

James Spellman, left, and Michael Kelly in Rehoboth Beach, Del., in 2012. Mr. Kelly has since died. / Murray Archibald
James Spellman, left, and Michael Kelly in Rehoboth Beach, Del., in 2012. Mr. Kelly has since died. / Murray Archibald

By Mark Hansen | ABA Journal

A gay Washington, D.C. man has asked a family court judge to recognize him as the common-law husband of his late companion.

The case may be the first seeking legal recognition of a common-law gay marriage, The Wall Street Journal reports.

James Spellman, 55, says he and Michael Kelly, a mortgage banker who died in February at age 68, had lived together as a married couple since 1995. The District of Columbia has been issuing marriage licenses to same-sex couples since 2010, but Spellman says the couple never legally married.

Continued: 

If you’d like to discuss family law, contact with Kaine Fisher, director of Rose Law Group Family Law Department, kfisher@roselawgroup.com.

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