Hogsett v. Neale

478 P.3d 713 (2021)

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Nature of the Case

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Facts

Hogsett and Neale were in a thirteen-year relationship from November 2001 to November 2014. The two women never formally married and they could not have married until 2014. They jointly filed a pro se petition for the dissolution of marriage. The parties mediated a separation agreement stating that they had entered a common law marriage on December 1, 2002 and that their marriage was irretrievably broken. The separation agreement divided marital property and pets and provided for the division of their debts and obligations. It also required Neale to pay Hogsett $1,000 in monthly 'spousal maintenance' for about seven years. The court explained that it would have to find that a marriage existed before it could address the petition for dissolution. The parties did not have a marriage or civil union license. The parties indicated they had resolved their issues and the case was dismissed. Later, Hogsett sought certain retirement assets and maintenance she believed Neale owed her under their separation agreement. Neale claimed there was no marriage. Hogsett filed a second petition for dissolution of marriage. The district court heard testimony from Neale, Hogsett, and several of their friends, relatives, and associates. The court also considered documentary and photographic evidence of the parties' relationship. It concluded that Hogsett had not met her burden to prove a common law marriage under the test in Lucero. Because the elements did not fit nicely into the same-sex marriage dynamic the court recognized a need for further guidance. It then applied Lucero and found that Hogsett had not met her burden. The court of appeals affirmed. The evidence supported both Hogsett's belief that she was married and Neale's belief that she was not. Hogsett appealed.