Cedar Rapids, Iowa Divorce Lawyers & Attorneys in Linn County

COMMON DIVORCE QUESTIONS IN IOWA

What Are the Grounds for Divorce in Iowa?

It is important to note that the State of Iowa recognizes “no-fault divorce,” which is dissolution based on an irretrievable breakdown of the marriage. The petitioner is not required to blame the other spouse nor are they required to prove any wrongdoing. The main issues addressed in the divorce decree are:

• Child support
• Child custody & visitation
• Property division
• Spousal maintenance

Residency Requirements for Divorce & Waiting Period in Cedar Rapids, Iowa

If the respondent is a resident of the State of Iowa and is served the divorce papers personally, there is no residency requirement. Otherwise, the petitioner must have resided in Iowa for a minimum of one year.

Regarding a waiting period, in most circumstances, the court must wait a minimum of 90 days from the date that the respondent was first served dissolution papers to enter a final decree. There are situations, however, where the courts will waive the waiting period requirements.

Name of Court and Title of Action/Parties in Cedar Rapids, Iowa

The action for dissolution of marriage is filed in the District Court. The action that begins the process of the divorce proceedings is called the Petition for Dissolution. The action that removes your marriage is known as Judgment for Dissolution of Marriage. The person who files for divorce is the Petitioner and the other spouse is the Respondent.

Legal Separation in Cedar  Rapids, Iowa

If you and your spouse have been living away from each other but aren’t seeking a divorce then you can look toward a judgment of legal separation. In Iowa, couples seeking legal separation may ask the court to decide issues that are common to divorce matters, such as child custody, visitation schedules, child support, property division or separate maintenance, and living arrangements. A petition for legal separation can be filed in the same manner as filing a divorce petition.

Spousal Support in Linn County, Iowa

The state of Iowa refers to “alimony” as “spousal support.” This is designed to provide financial assistance for a spouse in need both during and potentially for some time once the divorce is finalized. Most states, including Iowa, have taken great strides toward revamping their alimony laws. Currently, the State of Iowa recognizes three types of spousal support: traditional, rehabilitative, and reimbursement.

• Traditional Support – Traditional support is designed to benefit spouses who are no longer capable of being financially independent. This could be due to advanced age, illness, or certain other reasons. In most cases, traditional support is reserved by judges for marriages that are longer term and where one of the spouses primarily stays home to care for the family. This type of support is usually long-term, or even permanent unless circumstances change for either spouse significantly enough for the court to consider changing or terminating the support order. 
• Rehabilitative Support – Rehabilitative support is a more temporary option. This type of support is designed to provide financial assistance to help one spouse work to become self-supporting. This can include time for them to obtain the necessary education or job training. It is important to note as well that courts often ask spouses who are receiving rehabilitative support to present a plan as to how they intend to become self-supporting.
• Reimbursement Support – This type of support is less common in Iowa. It is designed to reimburse a spouse who financially supports the other spouse’s career development and education. In this scenario, the court may order the spouse who obtained the degree or training to pay back the spouse who was working full-time to financially contribute to the training. The type of support is also temporary and ends once the paying spouse has satisfied the judge’s specific order.

Distribution of Property in Cedar Rapids, Iowa

The State of Iowa is an “equitable distribution” state. The court has the responsibility to divide all of the spouse’s property, no matter if the property was acquired before or after the marriage. There is an exception for gifts and inheritance before or during the marriage. The courts may also decide to set aside a portion of the property in a fund to be utilized for the support, maintenance, and education of any minor children between the spouses. 

When determining how to divide property in a divorce, many factors are considered. This includes the contribution of each spouse in acquiring marital property, the value of any property that was brought into the marriage, the term of the marriage, as well as the age and health of the spouses.

Child Custody in Linn County, IA

In terms of child custody in Iowa, the courts will play a role in determining the custody of any children under the age of eighteen. Iowa law requires that courts consider the best interest of the children when developing a child custody arrangement.

• Legal Custody – Legal custody involves the rights and responsibilities that parents have toward their children and their well-being. This includes making decisions regarding their legal status, medical care, education, safety, religion, and other major life decisions. Legal custody can be awarded as “sole” legal custody, where one parent has the legal responsibility for any minor children, or as “joint” legal custody, where the legal custody of any minor children is shared between the two spouses.
• Physical Placement – Once an Iowa court decides on the legal custody of minor children in a marriage, they must then decide on the physical care of the children. This involves determining which parental home the children will live at regularly. The parent living with the child is known as the “custodial parent” and the other parent is known as the “non-custodial parent.” The custodial parent is responsible for any day-to-day decisions that may impact the children. It is important to note as well, that Iowa courts may grant the parents “joint physical care” of the children, where both parents will share equal care for the children.

Child Support in Cedar Rapids, Iowa

After a divorce or legal separation in Iowa, both parents have a legal obligation to provide ongoing financial support to their children. Child support is calculated by applying uniform child support guidelines created by the Iowa Supreme Court, which is designed to recognize the duty of both parents to provide support to their children.

Name Change in Linn County, Iowa

A spouse may seek a name change as part of a divorce matter by including a request for a name change in the divorce petition (petitioner) or the answer (respondent). In this situation, the court can include the change as part of the final divorce decree. If a name is being changed as part of the divorce, the party may only change to the name on their birth certificate or the name they had immediately before the marriage. Parties may also file a name change petition, if separate from a divorce, to request to change a name. 

It is important to note as well that when attempting to change the name of minor children, the process is similar to adults. A minor child’s name can be changed through either being included as part of a divorce or custody case, or through being included as part of an adult name change petition.