Hansen v. Hansen

958 P.2d 931, 342 Utah Adv. Rep. 25, 1998 Utah App. LEXIS 33, 1998 WL 237652
CourtCourt of Appeals of Utah
DecidedMay 7, 1998
Docket970321-CA
StatusPublished
Cited by16 cases

This text of 958 P.2d 931 (Hansen v. Hansen) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansen v. Hansen, 958 P.2d 931, 342 Utah Adv. Rep. 25, 1998 Utah App. LEXIS 33, 1998 WL 237652 (Utah Ct. App. 1998).

Opinions

GREENWOOD, Judge:

Michael Loy Hansen appeals the trial court’s order dismissing his action against Laura T. Hansen for failure to establish a common law marriage under Utah Code Ann: § 30-1-4.5 (1995). We affirm.

BACKGROUND

On October 12, 1995, Mr. Hansen filed a Verified Complaint against Ms. Hansen, alleging that he and Ms. Hansen were married under Utah’s common law marriage statute, Utah Code Ann. § 30-1-4.5 (1995), and requesting a divorce, child custody and support orders, and property distribution.

After an evidentiary hearing, the trial court entered Findings of Facts and Conclusions of Law. Applying a clear and convincing standard of proof to the evidence, the court found that Mr. Hansen and Ms. Hansen had been married and divorced prior to their recent cohabitation. Furthermore, during that cohabitation period, Mr. Hansen and Ms. Hansen had, at least for a time, held themselves out to some as being married. However, the parties did not refer to each other as husband and wife in public and their closest friends did. not believe the two were married. In addition, although Mr. Hansen asked Ms. Hansen several times to formally remarry him, Ms. Hansen repeatedly rejected Mr. Hansen’s proposals. Finally, although Ms. Hansen filed several insurance claims as Mr. Hansen’s wife during the period, the parties filed separate tax returns for both years during which the parties cohabi-tated.

The trial court concluded that “[b]oth parties are and were capable of giving consent, they were and are capable of entering a solemnized marriage under the provision of law, they cohabitated, and they mutually assumed marital rights, duties, and obligations. The parties did not, however, acquire a uniform reputation as husband and wife,” and there was “no proof to the legal standard required that Laura consented to the existence of a marital relationship after the previous divorce.” ■ The court entered a Judgment of Dismissal on February 7,1997.

Mr. Hansen subsequently filed a Motion to Alter or Amend Findings of Fact and- Conclusions of Law, asserting that the trial court had applied the wrong standard of proof and that a marriage existed. He also argued that, if the trial court’s decision were reversed on appeal, application of the time limitation in section 30-1-4.5 to this case would violate the Utah Constitution. The trial court denied the motion, and this appeal followed.

ISSUES AND STANDARDS OF REVIEW

Mr. Hansen presents two issues on appeal which we consider: (1) that the trial court erred in applying a clear and convincing standard of proof to the establishment of a marriage under Utah Code Ann. § 30-1-4.5 (1995); and (2) that, under a proper preponderance standard of proof, the factual findings support a determination that Mr. Hansen and Ms. Hansen were married.

“This court reviews the trial court’s interpretation of section 30-1^4.5 ... under a correctness standard.” Bunch v. Englehorn, 906 P.2d 918, 920 (Utah Ct.App.1995); see also State ex rel. R.N.J., 908 P.2d 345, 349 (Utah Ct.App.1995) (stating whether trial court applied wrong standard of proof is question of law reviewed for correctness). Furthermore, application of a legal standard to undisputed facts presents a question of law; thus, if the trial court erred in the standard it applied, we may review the facts to determine whether they nevertheless support the trial court’s decision under the correct standard. See Russell v. Thomson Newspapers, Inc., 842 P.2d 896, 905 (Utah 1992) (suggesting appellate court may review factual findings under corrected standard of proof).

ANALYSIS

On appeal, Mr. Hansen argues that the trial court erred in applying a clear and convincing standard of proof to the establish[934]*934ment of a marriage under section 30-1-4.5,1 asserting that the statute clearly mandates application of- a preponderance of the evidence standard. Mr. Hansen then argues that, under the preponderance standard, the undisputed facts support a determination of marriage. We address each issue in turn.

Standard of Proof Required under Section 30-1-4.. 5

Mr. Hansen argues that the trial court erred when it required clear and convincing evidence of the establishment of a common law marriage under section 30-1-4.5. Mr. Hansen contends that in so doing, the trial court disregarded the statute’s plain language.

Under traditional rules of statutory construction, statutory language “ ‘should be interpreted and applied according to its usually accepted meaning, where the ordinary meaning ... results in an application that is neither unreasonably confused, inoperable, nor in blatant contradiction of the express purpose of the statute.’ ” Bonneville Int’l Corp. v. State Tax Comm’n, 858 P.2d 1045, 1048 (Utah Ct.App.1993) (quoting Morton Int’l Inc. v. State Tax Comm’n, 814 P.2d 581, 590 (Utah 1991)). In addition, where the statute’s language clearly intends a certain result, courts may not rely on outside sources to construct an alternate interpretation. See id. (“Unambiguous language in [a] statute may not be interpreted to contradict its plain meaning.” (quotation marks and citations omitted)).

With these rules in mind, we examine the statute. It states: “Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.” Utah Code Ann. § 30-1^4.5(2) (1995) (emphasis added). Mr. Hansen argues that the emphasized language mandates application of a preponderance of the evidence standard of proof to the establishment of a marriage under section 30-1-4.5. We agree.

There can be little doubt that allocation of a party’s burden of proof in a proceeding — that rule which dictates the quantum and quality of evidence required to prevail— is a rule of evidence. See Kusy v. K-Mart Apparel Fashion Corp., 681 P.2d 1232, 1235 (Utah 1984) (describing res ipsa loquitur as “evidentiary rule that permits an inference of negligence”), overruled in part by Randle v. Allen, 862 P.2d 1329, 1336 (Utah 1993); Staheli v. Farmers’ Coop., 655 P.2d 680, 683 (Utah 1982) (describing presumption of negligence in bailment law as “evidentiary rule” that “allocates the burden of proof’); see also Perez v. Perez, 212 Conn. 63, 561 A.2d 907, 915 (1989) (describing “rules concerning the burden of proof’ as “evidentiary rules”); State v. Willis, 332 N.W.2d 180

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Hansen v. Hansen
958 P.2d 931 (Court of Appeals of Utah, 1998)

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Bluebook (online)
958 P.2d 931, 342 Utah Adv. Rep. 25, 1998 Utah App. LEXIS 33, 1998 WL 237652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-hansen-utahctapp-1998.