Supreme Court considers legality of couple's marriage
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.
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.
- RSL will play for MLS Cup tonight 3:06 a.m.
- Jazz outlast Pistons in overtime 3:06 a.m.
- Utah Utes whip SDSU 3:05 a.m.
- BYU records with win 3:05 a.m.
- RSL dancing with soccer stars 3:04 a.m.
- Cougars turn focus to dreaded rivals 3:04 a.m.
- Dixie State campus briefs 3:03 a.m.
- Weber State campus briefs 3:02 a.m.
- UVU campus briefs 3:01 a.m.
- BYU campus briefs 2:59 a.m.
- Glenn Beck to enter politics?
- Can BYU throw vs. Air Force?
- Cougars cruise to victory in Hawaii
- Huntsman blasts media over trip
- Police link alcohol to murder
- Christian leaders not backing down
- BYU records with win
- TCU still has a chance
- Orem man acquitted in tot's death
- Religion cited in deportation fight
- Buttars wants to limit gay rights laws
192 - Palin plans tour stop in Utah
173 - Glenn Beck to enter politics?
129 - Palin's book shows she's unqualified
122 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
100 - Jazz finally win in San Antonio
98 - BYU records with win
95 - Utes knock off rival Aggies
93 - Huntsman pleased with Obama
87
A little after midnight Wednesday morning, about 21 hours ago as I write...
There's a lot of reason to leave your plastic home as you shop:
Beck is extremely smart, he is selling books and is very popular on TV. All...
@Mick, the Federal Govt is run by corporations through contributions and...
Lets bond together and hope for a REAL celebration SUnday night, can hardly...
I was on the playground too and some teachers came out and called us all to...
B.Y.U. has been a consistent a top 25 ranked winner under Max Hall. Hall has...
Did Timp win four in a row or 4 in 4 years?
You have a lot of growing up to do, It seems like you have not cxperienced...
The proposed ethics law puts roughly the same burden on a legislator that a...
Hall ACTUALLY broke the all timme wins record vs WYO last week. I guess...
Sounds to me like Kraig Powell may be a candidate for resignation. So long,...

