Divorce & Attorney Fees

Often clients want to know whether the can pin the attorney fees incurred in bringing a divorce action on the other party. The answer is "maybe."

Since divorce, paternity, and other family law proceedings are in equity the court has discretion to award attorney fees to a prevailing party. Iowa Code section 598.36 allows for this in divorce actions. However, just because the statute allows a party to request fees does not necessarily mean the court will be receptive. Even if you are the prevailing party.

The court will consider factors with the primary factor being finances. Even if you are the prevailing party but are the higher wage earner (or have a good-sized inheritance stashed away) it is less likely the court will award you fees. Nonetheless, when the opposing party pursues frivolous motions and is unreasonable sometimes the court is receptive to a request even if you earn more money than your spouse.

Iowa Statute Prohibiting Same-Sex Marriage Unconstitutional

Judge Robert Hanson, a Polk County Iowa district court Judge has ruled that Iowa's statute prohibiting same-sex marriage violates due process and equal protection, having no rational relationship to a legitimate government objective. The 62-page decision on a motion for summary judgment provides why the statute is unconstitutional citing approximately 20 reasons why same-sex marriage is deserving of equal protection.

The Polk County Recorder, the Defendant, is expected to appeal to the Iowa Supreme Court. The Iowa Supreme Court can decide to retain the case or send it to the Iowa Court of Appeals. Either way, an appellate ruling is more than likely a year or more away unless it is provided expedited review. For a complete ruling see http://www.dmregister.com/assets/pdf/D284280830.PDF