## Facts

- Sally Ann Winegard filed a dissolution petition alleging she and John Robert Winegard were married at common law.
- John, a wealthy businessman, denied any marriage existed and argued the dissolution action lacked a valid marital predicate.
- The parties had an on-and-off relationship and twice traveled to Las Vegas intending to marry; the second ceremony was called off.
- Sally asserted that on the flight home John placed a ring on her finger and stated they were then married.
- After returning to Iowa, the parties cohabited and were socially presented and treated by others as husband and wife (including receiving mail and gifts as a married couple).
- After an evidentiary hearing, the district court found a common-law marriage and awarded Sally temporary attorney fees of $7,500.
- John appealed from the temporary-fee order.

## Issues

1. Whether the evidentiary record supported a sufficient presumption of a common-law marriage to permit temporary relief in a dissolution action.
2. Whether a district court may award temporary attorney fees when the respondent denies a marital relationship exists.

## Decision

- The Iowa Supreme Court affirmed the temporary attorney-fee award.
- The court reviewed the record de novo, treating dissolution proceedings as equitable.
- The court concluded the evidence was sufficient to establish a fair presumption of a common-law marriage for purposes of temporary relief, notwithstanding John’s denial.

## Legal Principles

- Dissolution proceedings are equitable; appellate review is de novo.
- Iowa common-law marriage requires: (1) present intent and agreement to be husband and wife, (2) continuous cohabitation, and (3) public declaration or holding out as married.
- Iowa recognizes common-law marriage but does not favor it as a matter of public policy; proof must be evaluated from the entire record.
- Documentary items inconsistent with marriage (such as tax-related information) are relevant but not dispositive when other evidence supports marriage.
- Temporary attorney fees may be awarded when the petitioner makes a colorable showing of marriage and the record supports a fair presumption of a marital relationship, to allow meaningful litigation of the dissolution claim despite disputed marital status.

## Conclusion

The court held that where the record supports a fair presumption of a common-law marriage, a district court may award temporary attorney fees in a contested dissolution proceeding, and it affirmed the temporary-fee award to permit the financially disadvantaged party to pursue the case.


In re Marriage of Winegard, 257 N.W.2d 609 (Iowa 1977)