In Re the Marriage of Siglin

555 N.W.2d 846, 1996 Iowa App. LEXIS 126, 1996 WL 692087
Court of Appeals of Iowa·Decided September 30, 1996·No. 94-1836·Published·Cited by 15 cases

Opinions

CADY, Judge.

William Siglin appeals a decree entered by the district court dissolving his fifty-seven year marriage to Virginia Siglin. He contests the provisions of the decree relating to the division of property, alimony, and attorney fees. We affirm with modification.

Virginia and William Siglin were married in 1937. The district court dissolved the marriage on October 10,1994, following their separation in 1991. Virginia and William were seventy-five years old at the time of trial. Their two children were adults.

William worked as a farmer throughout the marriage, and engaged in various agriculturally related enterprises. Virginia did not work outside the home. She raised the children and maintained the home.

The parties began their marriage with few assets, but accumulated substantial wealth over the years. They maintained an affluent lifestyle, marked by frequent vacations, expensive cars and several country club memberships. At one time, their net worth was nearly $5 million.

The Siglins owned over 1200 tillable acres of farmland at the time of their divorce. Some of the farms were owned individually and some were owned by their corporation, Siglin, Inc. The land was custom farmed. William was also involved in a livestock operation in Missouri.

The Siglin’s financial picture changed in the late 1980’s after Virginia and William took over a financially troubled motel business in Des Moines. Their son had invested substantial amounts of money in the construction and development of the motel, and was faced with the prospect of bankruptcy. Virginia and William did not want their son to go through bankruptcy and assumed his obligations. The efforts by the Siglins to save the business eventually proved unsuccessful, however, and William and Virginia were forced to declare bankruptcy.

The Siglins emerged from the bankruptcy with most of their assets, as well as a substantial amount of secured debt. Most of the debt was to a friend, Cecil Reuter, who had also invested in the motel. This debt was evidenced by two notes. The first note was [848]*848for $1.2 million and the second was for $354,-019. The Siglins also owed $435,000 to the Internal Revenue Service (I.R.S.) for back taxes, plus penalty and interest.

The first note to Cecil Reuter required annual payments of $137,000, and payments on the second note became due only if the net income from the Siglin farming operation exceeded a certain level. The Siglins were required to pay $100,000 annually to satisfy the I.R.S. debt.

William satisfied his annual obligations to Reuter and the I.R.S. following the bankruptcy, and even made an additional payment to the I.R.S. Following the separation, William provided monthly support to Virginia totaling $1500. Virginia lived in the marital home. Her monthly living expenses were $1760. She also received monthly social security benefits of $456.

At the time of trial, the Siglin’s net worth was approximately $1.75 million. Net income from the farming operations varied from year to year, but exceeded $100,000 in 1992. The interest paid on the Reuter and I.R.S. debts was deducted as a business expense in determining net income. William reduced the post-bankruptcy debts by approximately $500,000 prior to trial. He also purchased a house in Arizona in 1993 for $110,000. An expert testified William could save over $40,000 annually if he refinanced his debts at a lower interest rate.

The bulk of the Siglin assets was real estate, including numerous farms. The farm land owned individually was valued around $1 million. The remaining farm land was owned by Siglin, Inc. Other significant assets included stock, a certificate of deposit, cattle, crops, and a note payable. An expert testified the farm land owned individually could be sold with minimal tax consequences, unlike the assets owned by the corporation. All the farm land, however, was subject to a mortgage as a result of the debt to Cecil Reuter.

The trial court awarded Virginia monthly alimony of $1700, and directed William to provide her medical insurance. Virginia was awarded assets valued at $il5,000, including the family home and certificate of deposit in the amount of $26,432. William was awarded the remaining assets, and was given responsibility for all the debt. To equalize the property award, the district court ordered William to pay Virginia $725,000 over ten years. William was also ordered to pay attorney fees of $15,000.

William appeals. He first argues the trial court abdicated its responsibility as the fact finder by adopting, nearly verbatim, the proposed findings of fact and conclusions of law submitted by Virginia’s counsel. He also argues the property division was inequitable. William believes he will be unable to service his current debt obligations and pay the property settlement and alimony awards. He maintains Virginia should receive her one-half interest in the farm real estate and the cattle operation only after the existing debt has been paid. Under William’s proposal, the property would be sold, and the proceeds split, once it was no longer needed to generate income to pay the existing debts. William also asserts the alimony and attorney fee awards were excessive.

I. Proposed Findings and Conclusions

We have previously approved the practice by trial judges of requesting counsel for both parties in a case to submit proposed findings and conclusions following trial, provided counsel are also permitted an opportunity to comment on the proposal submitted by the other. See Production Credit Ass’n v. Shirley, 485 N.W.2d 469, 475 (Iowa 1992); Kroblin v. RDR Motels, Inc., 347 N.W.2d 430, 435 (Iowa 1984). The increasing demands on trial courts to dispose of more and more cases, as well as the technical nature of a particular case, may periodically justify the practice. See Kroblin, 347 N.W.2d at 435.

At the same time, we do not encourage the practice of adopting verbatim the proposed findings and conclusions submitted by one of the parties. See Care Initiatives v. Board Of Review, 500 N.W.2d 14, 16 (Iowa 1993). A detañed written decision is frequently required by our rules of practice, and it can be one of the most critical aspects of effective decision-making. See Kroblin, 347 N.W.2d at 435. A judge written opinion enhances the quality of the decision, assures litigants [849]*849their claims were fully and fairly considered, and allows appellate courts to readily ascertain the bases for the decision. Id. It is one thing for a judge to think he or she understands a case, and another to put that understanding to the test of writing. Similarly, it is one thing for a party to lose a ease, and another to lose with a decision written by the winning party. The latter outcome can undermine the public confidence in our system of justice, and promote further litigation and appeals.

Consequently, the practice of requesting counsel to prepare proposed findings and conclusions must not be employed solely as a means of delegating judicial work or abandoning the decision-making function. To the contrary, it should be done as a cooperative means of assisting the court in preparing a fair and prompt decision.

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In Re the Marriage of Siglin, 555 N.W.2d 846, 1996 Iowa App. LEXIS 126, 1996 WL 692087 (iowactapp 1996).

555 N.W.2d 846 (In Re the Marriage of Siglin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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