In re Marriage of Winegard

After an on-again, off-again relationship, John Winegard (defendant) and Sally Ann Winegard (plaintiff) traveled to Las Vegas a second time to marry, but John called off the ceremony before it happened. On the flight home, he asked Sally if she still wanted to marry; when she said yes, he put a ring on her hand and declared them married. Sally then told friends and family they were married, and the couple lived together, attended events as husband and wife, and received mail addressed to them as such. Months later, Sally learned John was having an affair and filed for divorce. At trial, John claimed the ring was just a gift and denied any marriage agreement, while Sally testified to receiving wedding gifts, cohabitating, and being treated by both of them as husband and wife. The trial court found a common-law marriage existed. John appealed.