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In re Marriage of Oakley6/14/2000
a good faith resident of Iowa, he did not at any time challenge the jurisdiction of the Iowa court over his person.
The issue of personal jurisdiction never having been raised distinguishes this case from Wallick where the spouse filed a motion to dismiss a modification petition due to lack of personal jurisdiction because, among other things, she lived in and was served in Vermont.
A jurisdictional issue can be decided in a ruling on a preanswer motion. See Iowa R. Civ. P. 104(a) (providing want of jurisdiction of the subject matter may be raised by preanswer motion). This motion replaces the special appearance, which is no longer in our rules of civil procedure. See Iowa R. Civ. P. 66 ("The special appearance is abolished. A defendant may not appear specially for the sole purpose of attacking the jurisdiction of the court."). Raymond filed two pleadings and an answer and at no time challenged the Iowa court's personal jurisdiction over him. In answering the petition and filing responsive pleadings Raymond consented to the personal jurisdiction of the Iowa court. See In re Estate of Borrego, 490 N.W.2d 833 (Iowa 1992) (Claiming the probate court did not have personal jurisdiction to enter an order because he had neither been served with an original notice nor voluntarily consented to the jurisdiction of the court. The court concluded party had consented to personal jurisdiction of the court by a request for fees.)
While we find that Raymond had submitted to the personal jurisdiction of the Iowa court for Sondra to obtain an Iowa dissolution, she must show that the Iowa court had the jurisdiction to grant the divorce and render other relief.
Iowa Code section 598.6 governs the power or jurisdiction of the district court to grant a dissolution of marriage. See In re Marriage of Bouska, 256 N.W.2d 196, 198 (Iowa 1977). It provides:
Except where the respondent is a resident of this state and is served by personal service, the petition for dissolution of marriage, . . . must state that the petitioner has been for the last year a resident of the state, specifying the county in which the petitioner has resided, and the length of such residence therein after deducting all absences from the state; and that the maintenance of the residence has been in good faith and not for the purpose of obtaining a marriage dissolution only.
According to section 598.6 Sondra had to establish that: (1) she resided in Iowa for at least one year before the petition was filed; and (2) her residence here was in good faith and not just for the purpose of obtaining a marriage dissolution. Sondra, who originally was from the Decorah, Iowa area, testified she had lived in the area for approximately two years before the dissolution hearing. The district court found she met the requirements of section 598.5 and the Iowa court had subject matter jurisdiction to dissolve the marriage. Raymond presented no evidence and there is nothing to support the request in Raymond's petition that the court find it did not have subject matter jurisdiction to dissolve the marriage. We therefore agree with the district court that it had subject matter jurisdiction.
Sondra has asked that we reverse and remand. However, a record was made on the property and debts of the parties and her request for an equitable disposition of the assets and debts. Consequently a remand is not necessary.
We apply the law of Iowa in making the distribution, there being no request to apply the law of another forum. In Iowa the partners in a marriage are entitled to a just and equitable share of the property accumulated through their joint efforts. In re Marriage of Russell, 473 N.W.2d 2
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