Haacke v. Glen

814 P.2d 1157 (1991)

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Nature of the Case

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Facts

H and W were married in Utah in 1989. At the time of marriage W was employed as an inspector of the criminal division of the department of corrections for the state of Utah. She had unlimited access to criminal files and records. W's marriage to a convicted felon would create a severe conflict of interest and would place her in violation of state policy and procedure. Prior to the marriage, H intentionally and deliberately concealed that he had been convicted of a second-degree felony for theft of property in Alabama. H even told W that his frequent trips to Alabama were for child support obligations and in fact, it was for payment of fines and restitution attendant with his felony conviction. H even used marital assets to pay those felony obligations. W became aware of the true state of affairs when she was informed by her employer. W's employment was to be terminated unless a change of affairs was taken. W filed for divorce and then amended the complaint and asked for an annulment. The parties stipulated to the annulment, but the trial court refused and instead granted the divorce. This appeal resulted.