Barnes v. Barnes

TROUT, Chief Justice.

This is an appeal from an order of the distinct judge on appeal, affirming the magistrate judge’s order granting a motion for partial summary judgment for divorce.

I

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff-Respondent Dean L. Barnes (“Dean”) and Defendant-Appellant Mary I. Barnes (“Mary”) were married on July 10, 1997 in Idaho Falls, Idaho. Barely one month later, on August 15,1997, Dean filed a complaint for dissolution of their marriage. Dean was suffering from Amyotrophic Lateral Sclerosis, an incurable and terminal disease, for which he wished to travel to Arizona to…