Divorce Guide

Divorce Guide

Iowa Divorce Rights

The procedure of filing a case for divorce in USA begins with the residency requirements. To file a case in any of the states of the United States of America, the person filing the case has to be a resident of the state for a specified time period. This residency requirement in Iowa is one year. The person filing the case has to be a resident of the county and will file the case in the same county. Any decision by the court can not be finalized unless a period of ninety days has elapsed.

Grounds for divorce

The divorce law of Iowa defines a number of grounds for filing a case for the dissolution of the marriage. One of the uncontested cases of divorce is the case where both the parties agree to abide by the terms of the divorce and are ready to reach an agreement without any conditions. Some other grounds of the divorce are the Fault grounds and the No-Fault grounds.
  • The No-Fault ground of the dissolution of marriage is the ground where the marital relationship of the couple is considered to be irretrievably broken down and there is no scope of any compromise. In this scenario, there is no likelihood to preserve the marriage.
The court in which the case for the dissolution of the marriage is filed in Iowa is the District Court for the County. Soon after filing the case, the court assigns a case number and will have all the further jurisdictional rights to make any decision in regard to the case. The documents which are necessary at the time of filing the case are: Verification for petition, financial affidavit, petition for dissolution of marriage, notice of final hearing and the decree of dissolution of marriage etc. The department which keeps the updates of the case and keeps both the parties informed about the case and documents to be submitted in the future is the District clerk office.

Spousal support is the issue which is considered very important by the court while deciding on the divorce case. However, the courts will not necessarily award the spousal support in each and every case.

The factors which are considered vital by the court while deciding on the case of dissolution of marriage are:
  • the education of the parties
  • length of the marriage
  • emotional and physical health of the parties involved,
  • employment skills
  • vocational skills of the parties.
The court may also consider any other agreement reached upon between the two parties before filing the case.

Child custody and child support are two other important issues which are duly considered by the court when a minor child is being affected by the decision of the court. The court takes all necessary steps to pacify both the parties and reconsider their decision before arriving at any conclusion. In order to settle down things it may ask the parties to indulge in a mediation or counseling program. The conciliation effort of the court is purely based on the idea of reconciliation. If all these efforts fail to pacify two parties, the court uses the percentage of income formula to calculate the support that the child will receive from parents.

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