Legal Opinion · Concurrence

Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle Thatcher

Supreme Court of Iowa

Decided June 5, 2015No. 13–2044Published

1ConcurrenceZager, Justice

Although I agree with the result reached by the majority in this case, I write separately because in my opinion the court has the inherent authority to bifurcate the entry of a decree of dissolution of marriage with the entry of a supplemental order concerning the division of property. Further, while I agree with the majority that the legislature may have the ability to limit the court’s authority to bifurcate these proceedings, the legislature has not done so here. Unlike the majority, I do not read Iowa Code section 598.21(1) (2013) to require the court to divide marital property…

2Cases cited26 opinions

  1. Casey Mcgill Ginger L. Mcgill Ashlea D. Mcgill And Casey Mcgill, As Parent And Next Best Friend Of Amanda R. Mcgill, Alicia C. Mcgill, And Allison C. Mcgill, Minors Vs. Ben Fish, Thomas Vine, Mark Newton, Robert Selby, And Steven ShafferSupreme Court of Iowa · 2010
  2. Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
  3. Herman v. Berrien CountyMichigan Supreme Court · 2008
  4. Briner v. HyslopSupreme Court of Iowa · 1983
  5. Wolk v. WolkSupreme Court of Pennsylvania · 1983

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