Bunch v. Englehorn
In Bunch v. Englehorn, 906 P.2d 918 (Utah Ct. App. 1995), a divorce action was filed ten months after the parties separated. Id. at 919.
The trial court dismissed the complaint on the ground that no statutory marriage had been established and it therefore lacked subject matter jurisdiction over the action. Id.
On appeal, the court of appeals explicitly refused to consider constitutional arguments raised by the appellant, stating that these arguments were not sufficiently articulated below. Id. at 921.
Finding section 30-1-4.5 to be unambiguous regarding the time limitation, it affirmed the trial court. Id.