dissenting.
The majority’s opinion holds plaintiff-husband is judicially estopped from obtaining an annulment and denying his eleven-year marriage to defendant-wife because he asserted in a sworn statement that he and defendant were married during the adoption proceeding of defendant’s daughter. Defendant’s cross assignments of error and appeal from the trial court’s conclusion that the wedding ceremony was not properly solemnized and failed to comply with North Carolina’s marriage statutes has merit. That portion of the trial court’s order should be reversed, and plaintiff’s complaint should be dismissed. I respectfully dissent.
I. Background
In 1991, plaintiff’s and defendant’s wedding was celebrated on Sourwood Farm, where solemn Cherokee ceremonies regularly occurred. Littlejohn, the shaman and minister performing the marriage, wore a ceremonial ribbon shirt. Defendant wore white. A ceremonial fire burned throughout the ceremony. Littlejohn addressed and hailed, “the creator, ancestors, four-legged creatures, two-legged creatures, creatures without legs, and winged creatures.” Plaintiff *199and defendant exchanged blankets to symbolize their sexual fidelity. Defendant gave plaintiff poached corn to symbolize her commitment to maintain her husband’s home. Plaintiff gave defendant beef jerky to symbolize that he would provide for her as his wife. The parties exchanged wedding rings, and Littlejohn publicly pronounced them as man and wife. Littlejohn presented plaintiff and defendant with a marriage stick and a marriage certificate. The parties had applied for and received a North Carolina Marriage License and Certificate of Marriage in June 1991, which was filed with the Caswell County Register of Deeds Office.
After the ceremony, and for the next eleven years, the parties lived together and held themselves out as husband and wife in the following ways: (1) they visited friends and introduced themselves as husband and wife; (2) they purchased property in Caswell County, as tenants by the entirety, and the deed recited plaintiff and defendant as the grantees and as married; (3) the parties borrowed money as husband and wife; (4) the parties each contributed funds to purchase their marital home; (5) defendant left her profession to remain at home as plaintiff’s wife; (6) the parties filed joint tax returns as husband and wife; (7) the parties slept together in a common marital bed and engaged in sexual relations; (8) the parties attended church together and participated in community events as husband and wife; (9) the parties served as guardians for foster children and asserted on the applications they were husband and wife; (10) plaintiff initiated and completed adoption proceedings in Caswell County for a stepparent adoption of defendant’s daughter; (11) plaintiff filed a sworn statement in the amended petition for adult adoption that he was the stepfather of the adoptee and was married to her biological mother who gave her consent for the adoption; and (12) following the parties’ separation, plaintiff continued to provide defendant with dependant health insurance coverage listing her as his wife.
II. Issues
Defendant-wife cross assigns as error the trial court’s ruling that the parties’ marriage was not properly solemnized. I agree with defendant.
The majority’s opinion holds because the trial court found “[t]hat at no time was Hawk Littlejohn a minister of the gospel licensed to perform marriages,” and “these findings have not been challenged on appeal, they are conclusive on appeal.” This “finding of fact” is a “conclusion of law.” Defendant assigned error to the trial court’s conclu*200sion of law, which stated, “[t]hat the marriage was not properly solemnized in that the person performing the marriage ceremony was not an ordained minister, nor qualified to perform the marriage ceremony.” Defendant challenged this conclusion on appeal and properly preserved this issue for appellate review.
III. Solemnization
A party to a marriage may seek an annulment under North Carolina law. N.C. Gen. Stat. § 50-4 (2003) provides:
The district court, during a session of court, on application made as by law provided, by either party to a marriage contracted contrary to the prohibitions contained in the Chapter entitled Marriage, or declared void by said Chapter, may declare such marriage void from the beginning, subject, nevertheless, to G.S. 51-3.
“In North Carolina, only bigamous marriages have thus far been declared absolutely void. 1 R. Lee, North Carolina Family Law Sec. 18 (4th ed. 1979); Redfern v. Redfern, 49 N.C. App. 94, 270 S.E.2d 606 (1980). All other marriages are voidable.” Fulton v. Vickery, 73 N.C. App. 382, 387, 326 S.E.2d 354, 358, cert. denied, 313 N.C. 599, 332 S.E.2d 178 (1985). No issue of bigamy is present before us.
Plaintiff asserts his marriage to defendant is voidable because the marriage ceremony was not solemnized in compliance with North Carolina law. Plaintiff argues Littlejohn was not “an ordained” minister and could not legally pronounce plaintiff and defendant to be husband and wife. Plaintiff also argues the trial court should have granted an annulment because Littlejohn did not qualify as a licensed “minister authorized by his church.” Plaintiff’s argument fails.
N.C. Gen. Stat. § 51-1 (1977) was the statute governing marriage ceremonies when plaintiff and defendant were married. The statute required the parties to “express their solemn intent to marry in the presence of (1) an ordained minister of any religious denomination, or (2) a minister authorized by his church or (3) a magistrate.” State v. Lynch, 301 N.C. 479, 487, 272 S.E.2d 349, 354 (1980).
The majority’s opinion cites Kearney v. Thomas, for the proposition that “[u]pon proof that a marriage ceremony took place, it will be presumed that it was legally performed and resulted in a valid marriage.” 225 N.C. 156, 163, 33 S.E.2d 871, 876 (1945). A plaintiff bears the burden to overcome the presumption of a valid marriage to void or annul the marriage. Geitner v. Townsend, 67 N.C. App. 159, 163, *201312 S.E.2d 236, 239, disc. rev. denied, 310 N.C. 744, 315 S.E.2d 702 (1984); see also Jackson v. Rhem, 59 N.C. 141, 143 (1860) (evidence to support an annulment “ought to be so overwhelming as to leave not a doubt about the facts thus declared.”).
1. Solemn Intent to Marrv
Plaintiff and defendant “expressed] their solemn intent to marry” in 1991 at a traditional Cherokee wedding ceremony attended by many witnesses before an “ordained minister.” N.C. Gen. Stat. § 51-1. The trial court stated in finding of fact number seventeen that the parties’ wedding ceremony was “conducted in the ‘Cherokee way’ and [performed] in accordance with the Cherokee marriage ceremony.” The ceremony was held at a location where Cherokee ceremonies and marriages take place. The parties dressed in traditional Cherokee clothing. A ceremonial fire burned throughout the ceremony. Littlejohn conducted a Cherokee spiritual wedding ceremony as he addressed and hailed the Creator and creatures in nature. Plaintiff and defendant exchanged traditional Cherokee marriage symbols. Plaintiff and defendant exchanged wedding rings, and Littlejohn publicly pronounced them to be husband and wife. Littlejohn presented plaintiff and defendant with a marriage stick and a North Carolina marriage license, which was subsequently filed with the Caswell County Register of Deeds. The statute’s requirement of the parties to express a solemn intent to marry is satisfied.
North Carolina acknowledges and celebrates the solemnity of a native tribal wedding ceremony and validates the ceremony as a recognized marriage as evidenced in the General Assembly’s passage of N.C. Gen. Stat. § 51-3.2 (2003). The statute provides:
(a) Subject to the restriction provided in subsection (b), a marriage between a man and a woman licensed and solemnized according to the law of a federally recognized Indian Nation or Tribe shall be valid and the parties to the marriage shall be lawfully married.
(b) When the law of a federally recognized Indian Nation or Tribe allows persons to obtain a marriage license from the register of deeds and the parties to a marriage do so, Chapter 51 of the General Statutes shall apply and the marriage shall be valid only if the issuance of the license and the solemnization of the marriage is conducted in compliance with this Chapter.
N.C. Gen. Stat. § 51-3.2.
*202While this statute was enacted after plaintiff and defendant were married, the statute illustrates North Carolina’s legislative intent to uphold marriages celebrated and solemnized “according to the law of a federally recognized Indian Nation or Tribe.” Id.
2. In the Presence of a Minister
Plaintiff asked Littlejohn, an ordained minister, to perform the ceremony. Littlejohn had performed other weddings in the Cherokee tradition. Neither plaintiff nor defendant questioned Littlejohn’s credentials or authority to perform the wedding ceremony for over eleven years until after the parties separated on 9 April 2002. It is undisputed that a solemn wedding ceremony occurred. The parties publicly consented to be married and both believed Littlejohn was an ordained minister authorized to perform weddings and legally qualified to pronounce them as husband and wife. Plaintiff and defendant obtained a North Carolina Marriage License, which states Littlejohn was an ordained minister.
For eleven years, the parties held themselves out to be legally married, and conducted all their business and personal affairs as husband and wife. Before plaintiff and defendant separated, plaintiff requested a divorce from defendant.
Plaintiff entered into evidence a copy of Littlejohn’s ordination of ministry from the Universal Life Church. Plaintiff argues these credentials were insufficient to comply with the marriage statute. He asserts Littlejohn did not possess the legal authority to validly perform the parties’ wedding ceremony in North Carolina and contends the marriage is voidable.
In Lynch, a criminal prosecution for bigamy, our Supreme Court stated:
“[A] marriage pretendedly celebrated before a person not authorized would be a nullity.” State v. Wilson, 121 N.C. 650, 656-57, 28 S.E. 416, 418 (1897). A ceremony solemnized by a Roman Catholic layman in the mail order business who bought for $ 10.00 a mail order certificate giving him “credentials of minister” in the Universal Life Church, Inc. — whatever that is — is not a ceremony of marriage to be recognized for purposes of a bigamy prosecution in the State of North Carolina. The evidence does not establish — rather, it negates the fact — that Chester A. Wilson was authorized under the laws of this State to perform a marriage ceremony.
301 N.C. at 488, 272 S.E.2d at 354-55 (1980) (emphasis supplied).
*203Following the Court’s decision in Lynch, the General Assembly enacted N.C. Gen. Stat. § 51-1.1, which provides:
Any marriages performed by ministers of the Universal Life Church prior to July 3, 1981, are validated, unless they have been invalidated by a court of competent jurisdiction, provided that all other requirements of law have been met and the marriages would have been valid if performed by an official authorized by law to perform wedding ceremonies.
This statute rendered the marriage performed by an ordained minister of the Universal Life Church valid in Fulton. 73 N.C. App. at 387, 326 S.E.2d at 358. In Fulton, the parties married in 1972. 73 N.C. App. at 384, 362 S.E.2d at 356. Charles E. Vickery performed the marriage ceremony as an ordained minister by the Universal Life Church. Id. at 385, 362 S.E.2d at 356. In 1979, the Fultons entered into a separation agreement that stated that the parties were married in Chapel Hill in 1972. Id. The agreement provided that the plaintiff would deed her interest in the marital residence to the defendant. Id. The plaintiff filed suit against defendant in 1980 to enforce the agreement. Id. While the suit was pending, our Supreme Court issued the Lynch decision. Id. The defendant Fulton moved for summary judgment and argued the marriage was voidable because the marriage ceremony was performed by an ordained minister in the Universal Life Church. Id. Summary judgment was granted, and the plaintiff appealed. Id. In 1981, the General Assembly passed N.C. Gen. Stat. § 51-1.1. The plaintiff withdrew her appeal. Id. The plaintiff filed the later action in 1983. This Court stated, “[a]s the marriage between plaintiff and defendant Fulton was never invalidated, then G.S. Sec. 51-1.1 (1984) applies to validate the marriage. The net effect of the statute is to render the marriage valid from its inception.” Id. at 387, 362 S.E.2d at 358.
Here, plaintiff and defendant were married in 1991. Littlejohn was licensed by the Universal Life Church on 4 June 1985 as an “ordained minister.” Our Supreme Court stated in Lynch, “[i]t is not within the power of the State to declare what is or is not a religious body or who is or is not a religious leader within the body.” 301 N.C. at 488, 272 S.E.2d at 354 (citing State v. Bray, 35 N.C. 289 (1852)). Unlike the Universal Life minister in the criminal bigamy prosecution in Lynch, Littlejohn had performed many wedding ceremonies as a Cherokee Indian in the Cherokee tradition. Littlejohn was known throughout North Carolina as a Cherokee shaman and medicine man who performed various Cherokee rituals, including wedding cere*204monies. Littlejohn’s death certificate listed his profession as a “craftsman/medicine man.”
Also, in Lynch, the State had the highest burden to prove the defendant had committed bigamy. The Court stated, “the State is required to establish beyond a reasonable doubt that Chester A. Wilson was an ordained minister of a religious denomination or a minister authorized by his church.” Id. at 487, 272 S.E.2d at 354. The Court held that the State failed to meet their burden to prove the minister was legally ordained. Id.
In the present case, the burden of proof rests upon plaintiff to prove the invalidity or voidability of the marriage. Geitner, 67 N.C. App. at 163, 312 S.E.2d at 239. Plaintiff carries a heavy burden. Jackson, 59 N.C. at 143. The only evidence plaintiff offered to prove the invalidity of his marriage to defendant was that Littlejohn was ordained and licensed by the Universal Life Church. The presumption remains that plaintiff and defendant were married in accordance with N.C. Gen. Stat. § 51-1. They “expressed] their solemn intent to marry in the presence of an ordained minister.” Lynch, 301 N.C. at 487, 272 S.E.2d at 354.
Plaintiff failed to produce any evidence or offer any controlling law that Littlejohn was not an “ordained minister” or not “authorized by his church” to perform weddings in accordance with the traditions of the Cherokee Nation or in accordance with our applicable statute. N.C. Gen. Stat. § 51-1. Undisputed evidence in the record shows Littlejohn was ordained as a minister by the Universal Life Church to perform weddings and performed weddings and other solemn ceremonies in the Cherokee tradition. State v. Lynch, 301 N.C. at 488, 272 S.E.2d at 354. Defendant’s cross assignment of error is meritorious.
The trial court erred in holding the parties’ wedding was not properly solemnized under our statute. Because plaintiff failed to overcome the presumption of a valid marriage, we do not need to wade into the murky waters of a case-by-case, ad hoc, factual analysis under an equitable remedy of estoppel to uphold the validity of the parties’ marriage. Because plaintiff failed to overcome his burden to show the plain requirements of the statute were not satisfied, it is wholly unnecessary to reach plaintiff’s assignments of error, and his complaint should be dismissed.
By affirming the trial court’s order on the basis of estoppel, the majority effectively validates common law marriages in North Carolina. Our Supreme Court has held:
*205A common law marriage or marriage by consent is not recognized in this State. State v. Alford, 298 N.C. 465, 259 S.E.2d 242 (1979); State v. Samuel, 19 N.C. 177 (1836). Consent is just one of the essential elements of a marriage. The marriage must be acknowledged in the manner and before some person prescribed in G.S. 51-1.
Id.
IV. Conclusion
The parties obtained a valid North Carolina marriage license and expressed their intent to marry in the presence of witnesses and an “ordained minister” who was “authorized by his church” in a solemn Cherokee ceremony. N.C. Gen. Stat. §§ 51-1 and 51-3.2. The plain language of the statute was satisfied. The latest legislative expressions were to validate marriages performed by ordained ministers of the Universal Life Church and marriages performed in the Cherokee tradition. Id.
Because plaintiff failed to overcome his “heavy burden” to annul his marriage, the trial court’s order ruling the parties’ ceremony was not legally solemnized should be reversed, and plaintiff’s complaint should be dismissed. Jackson, 59 N.C. at 143. In light of this error, it is unnecessary to, and we should not, reach plaintiff’s assignments of error. I respectfully dissent.