Freiburghaus v. Freiburghaus

SWANSTROM, Judge.

Plaintiff sued Leland W. Freiburghaus for divorce from an alleged “common-law” marriage. Leland contested the action, contending there was no marriage. The trial judge held that there was a marriage. He awarded Anita a divorce and divided the property and debts between the parties. Leland appealed, raising several issues. The principal issue is whether, under Idaho law, there can be a marriage, without a solemnization and where the parties did not reside together or hold themselves out publicly as being married. Because we hold the trial judge erred in deciding this issue, we…