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Supreme Court rules on divorce and property settlement

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June 5th, 2015 by Ric Hanson

The Iowa Supreme Court has ruled marriages in the state can’t be ended without all the property involved being divided up. The case involved Susan and Ronald Thatcher, who were married in 1984. Susan was diagnosed with terminal cancer in January 2013 and filed to end the 29-year marriage, saying their relationship had broken down. Ronald resisted the ending the marriage.

The Linn County District Court ruled in favor of Susan one day before her death, and ordered the property to be divided at a later date. The ruling was upheld on appeal. The Iowa Supreme Court says Iowa law does not directly address the issue known as bifurcation. The court says there are some advantages to a bifurcated divorce, but also many disadvantages in separating the property of those involved.

The court says the Iowa legislature is the appropriate body to make the policy judgments on whether to allow bifurcated divorces and under what conditions. The Supreme Court vacated the appeals ruling and reversed the district court ruling and says the probate court will now decide how the property is divided.

(Radio Iowa)