Facts

Cari and Owen began dating in 2009, and moved in together in 2010, sharing a home in Washington, D.C. In October 2011, when both were 22 years old, they decided to marry. Cari and Owen didn't want a traditional wedding, however, so they never applied for a marriage license; instead, they held a small ceremony in Rock Creek Park in front of 15 friends where they pledged to love each other forever. Thereafter, Cari and Owen referred to each other as husband and wife.

In 2012, Cari and Owen moved to Rockville, Maryland. In 2013, Cari suspected Owen was being unfaithful. When she confronted Owen, he asserted that they weren't legally married and that he was free to have sex with other people. Soon after, Owen moved out and stopped communicating with Cari.

In 2020, Cari started dating Nolan. Cari is now pregnant (by Nolan); Cari and Nolan are planning to get married in Rockville next month. When applying for a marriage license, Cari asked the Clerk if she could use the date when her ex, Owen, moved out of their home as her date of divorce. The clerk could not give legal advice, however, and he encouraged Cari to contact a lawyer who practices family law.

1. Did Cari and Owen establish a valid common law marriage in Washington, D.C.? Explain why or why not, supporting your answers with citations to relevant primary authority that use Bluebook format.

2. Will Cari and Nolan be able to get married legally next month? Explain why or why not, supporting your answers with citations to relevant primary authority that use Bluebook format.