Divorce Guide to Iowa
Divorce Guide to Iowa
A woman's guide to getting a divorce in Iowa
IOWA DIVORCE LAWS:
The Residency Requirement: The party filing the divorce must have lived in Iowa for one year.
Grounds: No fault: 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.
Property division: Iowa is an equitable-distribution, dual-classification state. That means that property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally. The court bases its division on 12 or more factors, among them the contribution each has made to the marriage, including the economic value of homemaking and child care services (click the following for an overview and key tips on dividing up property and assets through divorce).
Alimony: The court may grant limited or indefinite support after considering 10 factors, including length of the marriage, age and physical and emotional health of the parties, the property distribution, the educational level of each party, the earning capacity of each party.
Child Custody and Child Support: In any action involving custody or visitation, the parties will be required to attend parenting classes. (Participation may be waived under certain circumstances.) As in all states, child custody is decided on “the best interests of the child.” On the request of either party for joint custody, there shall be a presumption of joint custody. If the court does not grant joint custody, it must clearly state its reasons why joint custody is not in the best interests of the children. Joint custody does not necessarily require joint physical care. Physical care shall be awarded as is in the best interests of the children (click the following for an overview and list of articles on child custody and child support).
Iowa child-support guidelines apply a percentage to the noncustodial parent’s net monthly income, based on income ranges and time sharing.
Because the formula is complicated, the state of Iowa has an on-line calculator to help figure child support in individual cases: https://dhssecure.dhs.state.ia.us/changechildsupport/AspScript/Estimator...
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
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