Supreme Court considers legality of couple's marriage

Published: Wednesday, Sept. 2, 2009 8:31 p.m. MDT
 |  E-MAIL | PRINT | FONT + - 

Neldon and Ina Johnson shared their lives for more than 35 years. They were sealed in an LDS temple, had children and celebrated an anniversary each year. They had shared insurance policies and joint tax filings.

Their divorce appeared to be the dissolution of a long, involved marriage — except for the part where they were never actually married.

Seven years after their divorce, amid claims from Ina Johnson that she is owed alimony, Neldon Johnson says that the divorce wasn't valid because they were never married. On Wednesday, the Utah Supreme Court heard arguments on this complicated case involving common-law marriage laws, deceit and the right of the court to rule on other marriages that aren't technically legal by state law.

When the couple filed for divorce in 2001, they both indicated that they had been married in 1964 in Arizona, which was the same thing they had told everyone else they knew over the years. The couple went so far as to have their "marriage" sealed in the Manti temple one year after their supposed wedding date.

Story continues below

Attorney Denver Snuffer said it is not uncommon for members of The Church of Jesus Christ of Latter-day Saints who are civilly married to later go to an LDS temple to take part in a religious marriage ceremony. When the Johnsons went, they apparently weren't required to show a marriage license, he said. The couple most likely went to the temple under the guise that they were already married.

Though the divorce was granted under the assumption that they were an actual, legal married couple, Neldon Johnson is now saying that, as the couple had never been married, the courts shouldn't have ruled on the divorce because it had been outside the court's jurisdiction.

Supreme Court justices on Wednesday defended the trial court's right to rule on the divorce, and Justice Jill Parrish said there is "no question" that courts can classify divorce cases. Parrish and Chief Justice Christine Durham both took issue with the questioning of the court's jurisdiction, especially when the doubts were raised so many years after the ruling.

"So, 20 or 40 years later, you can collaterally attack judgment based on subject-matter jurisdiction?" Durham asked.

The ability of the courts to handle divorces, even uncommon unions that may not be legal by Utah law, is the root issue of this case, attorney Rosemond Blakelock argued Wednesday. She said there will be other cases involving couples whose unions may not be valid under Utah state law who will seek divorces, and the courts should be able to make decisions in those cases.

Justice Michael Wilkins acknowledged the potential impacts of the court's decision. "What we decide here goes far beyond your clients," he said.

Recent comments

They lie to their families, they lie to their attorneys, they lie to...

absurdity | Sept. 22, 2009 at 2:45 p.m.

They claimed to be married, they then "married" in the temple in...

pretty simple | Sept. 3, 2009 at 11:45 a.m.

Great Story.... What I want to know is after 37 years why seperate???...

AZ | Sept. 2, 2009 at 6:28 p.m.

previousnext

Latest comments

pass the potatoes

Letters: Say heck, not gosh

A gee what a whiz bang Idea there David. gosh your clever.

Ernest T Bass prove to be a prophet still BYU 17 AF 0. It seems that the...

Officer cleared in Cardall Taser case

"stop embarrassing themselves" Are you kidding me? People like you would do...

It's time for him to pay for what he did. . .

The score silences the critic BYU 17 AFA 0

UTOPIA is a horrible money pit. Why don't we just flush the money down the...

Letters: Bill curbs right to choose

So you're basically telling people that they can have sex only to conceive a...

To: 'New Yorker' You blow your own credibility when you speak like that.

For RSL, being late worked

No, the Seahawks play at the Vikings on sunday. The game is still at Qwest...

Advertisements