Iowa State Divorce Laws And Resources
Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.
Filing For Divorce:
The Petitioner may file a Petition for Dissolution of Marriage in the district court in the county where either party resides. The Petitioner has 90 days after filing the Petition to serve the Respondent. If the Petitioner fails to meet this deadline the case will be dismissed. No dissolution of marriage shall be granted before 90 days have passed since the following:
The date the original notice is served; The last day of publication of notice; The date that waiver or acceptance of original notice is filed; or Until after conciliation is completed, whichever period is longer. The court may hold a hearing and grant a decree of dissolution of marriage prior to the expiration of the 90-day waiting period if it receives a written notice supported by affidavit describing the grounds of emergency or necessity, and the court determines it is necessary.
Right To Divorce Mediation:
The district court may, on its own motion or on the motion of any party order the parties to participate in mediation in any dissolution of marriage action or other domestic relations action.
The Supreme Court has established a dispute resolution process in family law cases that includes the opportunities for mediation and settlement conferences. Any judicial district may implement this dispute resolution program, subject to the rules prescribed by the Supreme Court.
Spouse’s Legal Name:
Either party to a marriage may request, as a part of a decree of dissolution or of annulment, a change in the person’s name to either the name appearing on the person’s birth certificate or to the name the person had immediately prior to the marriage.
Legal Grounds for Divorce Not Necessary – No Fault State:
The court shall enter a decree dissolving a marriage when there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
Marital Property Division
Upon every judgment of annulment, dissolution, or separate maintenance, the court shall divide the property of the parties and transfer the title of the property accordingly.
Iowa is an equitable distribution state. The court divides all property, except inherited property or gifts received or expected by one party, equitably between the parties after considering the following factors:
The age and physical and emotional health of the parties; The earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage; The property brought to the marriage by each party; The contribution of each party to the marriage, giving appropriate economic value to each party’s contribution in homemaking and child care services; The desirability of awarding the family home or the right to live in the family home for a reasonable period to the party having custody of the children, or if the parties have joint legal custody, to the party having physical care of the children; The contribution by one party to the education, training, or increased earning power of the other; The earning capacity of each party; The length of time they were married; The amount and duration of an order granting support payments to either party or whether the property division should be in lieu of such payments;
Inheritance Of Property:
Property inherited by either party, or gifts received by either party prior to or during the course of the marriage is the separate property of that party and is not subject to a property division, unless it is determined that refusal to divide the property is unfair to the other party or to the children of the marriage.
Child Custody Rights And Obligations:
The court may provide for joint custody of the child by the parties. The court shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.
History Of Domestic Violence – General Presumption Against Custody:
If the court finds that a history of domestic abuse exists, the court will general presumes it does not serve the best interest of the child to award joint custody.
Other Factors Court Should Consider
In considering what custody arrangement is in the best interest of the child, the court shall determine among other factors:
Whether one or both the parents agree or are opposed to joint custody; The geographic proximity of the parents; Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation; Whether both parents have actively cared for the child before and since the separation; Whether each parent can support the other parents’ relationship with the child; Whether the custody arrangement is in accord with the child’s wishes or whether the child has strong opposition, taking into consideration the child’s age and maturity; Whether a history of domestic abuse existsWhether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents; Whether the parents can communicate with each other regarding the child’s needs;
Joint Legal Physical Custody
If joint legal custody is awarded to both parents, the court may award joint physical care to both joint custodial parents upon the request of either parent. Before ruling on the request for the award of joint physical care, the court may require the parents to submit, either individually or jointly, a proposed joint physical parenting plan.
CHILD SUPPORT IN THE STATE OF IOWA – THE FEDERAL OPTION
Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.
How and where do I apply?
In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices. Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.
What are the steps to collecting support?
The first step, if a child was born out of wedlock, is to establish paternity – or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.
Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.
The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.
At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.
The most successful way to collect child support is by direct withholding from the obligated parent’s paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.
Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won’t be affected.
For More Information write for the Handbook on Child Support Enforcement by contacting:
ACF OCSE National Reference Center
370 L’Enfant Promenade, S.W.
4th Floor Washington, DC 20447
(202) 401-9383
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