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01-0844 Xiong v. Xiong (57017)

By: dmc-admin//April 29, 2002//

01-0844 Xiong v. Xiong (57017)

By: dmc-admin//April 29, 2002//

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“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. …

“Marriage is the ‘foundation of the family and of society,’ the stability of which ‘is basic to morality and civilization, and of vital interest to society and the state.’ Wis. Stat. § 765.01(2). The Xiongs’ arguments imply the potential for instability that a declaration of invalidity may have. Under the circumstances of this case, we are satisfied that Mai should be recognized as Nhia’s lawful spouse. Therefore, we conclude that the trial court properly dismissed the Xiongs’ wrongful death claim.”

Affirmed.

Recommended for publication in the official reports.

Dist III, Outagamie County, Troy, J., Hoover, P.J.

Attorneys:

For Appellant: John B. Edmondson, Appleton; Frances S.P. Li, Minneapolis, Minn

For Respondent: Jane L. Kirkeide, Appleton

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