Case Update (17 Sept 2026): Dickerson v. Dickerson; lex loci contractus to recognize a foreign marriage

Stephen Dickerson, a pilot for UPS, routinely flew a route to Brazil, where he met Erika. Proximate to COVID, the two wed in Brazil, but ultimately Stephen returned to Georgia (USA) and lived there, not telling any family or friends of his marriage to Erika. Unfortunately, Stephen died intestate in February 2023, and his brother filed a petition for letters of administration in the Probate Court in Georgia. In that petition, the brother, Darrin, represented that Stephen was unmarried at the time of his death. One month later, Erika filed a caveat objection, seeking to be recognized as Stephen’s Wife. The court held a hearing in November 2023, and included testimony from Erika, Darrin, a witness to the wedding, and Brazilian legal experts for both Erika and Darrin. The court concluded that the marriage was invalid due to a procedural defect (the publication of the marriage application was 6 days short of the 15 days required by Brazilian law). Erika sought review in the Superior Court, which reversed the probate court, and concluded that a valid Brazilian marriage certificate had been issued, despite the irregularities, and in the absence of any subsequent judicial invalidation, it was a binding valid marriage. Darrin appealed.

“With respect to marriage, ‘[t]he status… is a personal one, and its validity is conclusively determined by the law of the State creating it; and if validly created there, it will be recognized and given effect there, though the procedure by which it was created under the foreign law is different from that required here.’” Both parties had Brazilian legal experts testify, and they both said the same thing - the marriage certificate was valid and binding once issued, and can only be invalidated by a subsequent judicial act. “Put simply, it is undisputed that the marriage certificate might have been voidable due to a procedural irregularity, but it is not void ab initio under Brazilian law. Nor was any proceeding initiated in Brazil to challenge the validity of the certificate … [and] [t]here is no allegation or evidence that the marriage certificate was obtained through fraud or deceit, that either party lacked capacity, or that it otherwise violated Georgia public policy.”

The Court of Appeals of Georgia affirmed the Superior Court. The marriage of Erika and Stephen was valid.