Legal Opinion

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. 13–2044PublishedCited by 24 opinions

1Opinion of the Court

WATERMAN, Justice.

This appeal presents a question of first impression in Iowa: whether the district court has discretion to end a marriage through a decree of dissolution without dividing the marital property until a later judgment. This two-step process is known as a “bifurcated divorce” and is expressly allowed by statute in other states. Iowa Code chapter 598 (2013) does not expressly permit such bifurcation. Our rules of civil procedure allow separate trials of issues, but can be superseded by statute. Iowa Rs. Civ. P. 1.101, 1.914. Iowa Code section 598.21(1) states, “Upon every judgment…

2Cases cited30 opinions

  1. Auen v. Alcoholic Beverages Division of Iowa Department of CommerceSupreme Court of Iowa · 2004
  2. 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
  3. Wolk v. WolkSupreme Court of Pennsylvania · 1983
  4. In Re Marriage of CohnIllinois Supreme Court · 1982
  5. In RE the Marriage of Julianne R. Schenkelberg and Gary W. Schenkelberg. Upon the Petition of Julianne R. SchenkelbergSupreme Court of Iowa · 2012

25 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Deanna Jo Ramirez-Trujillo v. Quality Egg, L.L.C., Wright County Egg Division, and Selective Insurance Company of AmericaSupreme Court of Iowa · 2016
  2. Elyse De Stefano v. Apts. Downtown, Inc.Supreme Court of Iowa · 2016
  3. In Re Steinberg Family Living Trust David L. Steinberg v. Steven C. SteinbergSupreme Court of Iowa · 2017
  4. Paul J. Burroughs, Kenneth Burroughs, Terri Spinner, David Spinner, Sean Harvey, And Ty Harvey v. The City Of Davenport Zoning Board Of Adjustment, The City Of Davenport, Iowa, An Iowa Municipal Corporation, And MZ Annie-Ru Daycare Center, An Iowa Limited Liability CompanySupreme Court of Iowa · 2018
  5. First National Bank v. Benedict Consolidated Industries, Inc.Nebraska Supreme Court · 1987

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API