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Question
Jordan and Morgan obtained a marriage license in State C. The license expired 30 days later. Forty days after issuance, they held a ceremony before a longtime friend who honestly believed that an online ordination authorized the friend to officiate weddings in State C. The friend signed and mailed the certificate to the county clerk. Jordan and Morgan both were adults, were not related, were unmarried, and intended to marry each other.
For five years, Jordan and Morgan lived together as spouses, bought a home, and filed joint tax returns. State C's statute says parties must obtain a license and have the marriage solemnized by an authorized officiant, but it also says a marriage is not invalid because of a licensing or officiant defect if at least one party participated in good faith and the parties otherwise had capacity.
Jordan later seeks an annulment, arguing that the expired license and unauthorized officiant mean there was no marriage. Morgan seeks divorce and property division. Discuss how the court should resolve the validity issue.