Iowa Divorce Laws
To file for divorce in the state of Iowa, one of the parties must be a resident of the state for at least one year. The petitioner may file for divorce in the county of either person in the district court. The one who is not filing is called the respondent. The document that initiates the divorce proceedings is the Petition for Dissolution of Marriage. The final document is the Decree of Dissolution of Marriage.
There is somewhat of a waiting period for divorces in Iowa as the court wants to ensure that the marriage cannot be saved and will not grant a speedy divorce. In addition, the court may require counseling or mediation at any time during the divorce proceedings to encourage reconciliation. The source of counseling must be court approved and may include marriage or family counselors, community health counselors, or clergy. Iowa grants no fault divorces when it has been determined that the marriage is irretrievably broken down with no chance of reconciliation. Either party may request that their former name be restored at the conclusion of the divorce.
Every divorce case is unique, and the courts of Iowa reserve the right to examine any special circumstances regarding each proceeding.
Premarital Agreements
Iowa will honor any premarital agreements that are in writing and signed without coercion or force by both parties. These agreements can address property division, alimony, or child custody issues. Premarital agreements will be voided if the court determines that the agreement was unconscionable or if either party signed the agreement under duress or false pretenses.
Iowa Divorce Laws & Property
Iowa divides property according to the equitable distribution rule, which means that property will be divided fairly but not necessarily in half. If the parties cannot come to an agreement regarding marital property, the court will divide it as it sees fit. Inherited properties or gifts can be considered separate property and can remain with the original owner. The court considers many factors when awarding property distributions, including:
the length of the marriage and who brought what into the marriage
contributions to the marriage, including income, homemaking, and child care
contributions by either spouse to the education or career of the other
the earning potentials of each party
the desire to award the family home to the custodial parent
economic resources of both parties, including future sources of income such as pensions or retirement money
tax consequences of each partner
any type of prenuptial agreement
Iowa Divorce Laws & Alimony
Spousal support is not a guarantee and will be awarded if the court believes it is justified. It can be paid on a temporary or permanent basis. Considerations when determining alimony include:
the duration of the marriage and the standard of living established
the age and health of each party
property distributions
education level, job skills, work experience, or absence from the work force due to child care or household duties of both parties
whether the recipient of alimony will seek job training or further education
responsibilities of each parent from custody agreements
earning potentials of both parties
financial resources and income levels of both parties
any types of prior agreements between the parties
Iowa Divorce Laws & Child Custody
Custody of minor children is based upon what is best for the child. If the child is mature enough to express a parental preference, the court will take that into consideration. The court will also consider:
the suitability of each parent to be custodian
who has actively cared for the child since the separation
how each parent would respond to joint custody
if each parent can encourage the child’s relationship with the other parent
the communication skills of each parent regarding the child; the emotional and physical needs of the child
the geographic locations of each parent and the feasibility of visitation
any history or threat of domestic violence.
Iowa Divorce Laws & Child Support
Child support is a reasonable amount paid by one or both parents for the support of the child. The factors that influence child support include: all financial resources of each parent, including income, earning potential, inheritances, or pensions; medical expenses or other changes in financial status of either parent; other financial obligations of each parent such as additional children or dependents; whether one parent will be supported by a new party, such as a new spouse; any change in needs of the child; and any relocation of either parent. Child support agreements may be altered as the needs of the child changes or if there is a significant change in either parent’s financial circumstances.
