Iowa law requires that the parents in a divorce or child custody case take a court-approved class. This class is called Children in the Middle in
Iowa Family Law
Under Iowa law, a person who is a chronic substance abuser can be civilly committed. The purpose of such a commitment is to
Under Iowa law, a person who is “seriously mentally impaired” can be taken into custody and committed to a mental health treatment hospital until they are no longer seriously mentally impaired.
Under Iowa law, a Final Domestic Abuse protective order is entered by the court for a term of up to one year. It is possible for such an order (often called a protective order, or a restraining order) to be extended by the Iowa District Court that granted the
When a person or their spouse is in the military, there are special consideration for a divorce case in Iowa.
In Iowa, a guardianship either ends or can be dissolve in the following circumstances
Iowa law permits couples to enact premarital agreements (also known as prenuptial agreements or antenuptial agreements) prior to marriage. Premarital agreements are becoming increasingly more common and enables couples to come to a mutual understanding of the distribution of property prior to
Iowa is a “no fault” state when it comes to divorces, although the Iowa Code requires certain grounds be alleged in order for a divorce case to proceed.
In Iowa, one spouse may obtain an annulment of marriage under the following grounds
When the Iowa juvenile court takes action against a parent’s rights, that parent can appeal. Child in need of assistance (CINA) appeals in Iowa are governed by the Iowa Rules of Appellate Procedure and the Rules on Electronic Document Management System, which are the electronic filing of court documents. Because appeals are time sensitive and have specific requirements, it is highly advisable
In situations where the parents of a child are no longer together, the parent with primary care of the child may decide to move at some point. For the other parent, that could in essence mean losing their child. Iowa law addresses that by considering a move of 150 miles to be a material change in circumstances, which justifies a Petition to Modify custody and physical care.
Grandparents are often very involved with grandchildren, and those bonds that are formed can be meaningful to both the grandparent and grandchild. In many situations, events will occur that result in the child’s parent or parents no longer allowing the grandparent to see the child. Depending upon the circumstances, there may
Adoption proceedings in Iowa are governed by Iowa Code Chapter 600. An adoption is a legal process whereby a parent-child relationship is established. This article addresses the adoption process in Iowa.
As part of a divorce or legal separation case in Iowa, the court can award spousal support (also called alimony). There are a few types of spousal support in Iowa that the court can award, for various reasons.
Parental Alienation is a situation commonly produced in divorce and custody cases when one parent (or other person) tries to destroy the relationship between a child and the other parent. Iowa law recognizes such improper action on the part of a parent, grandparent, or other person is seriously harmful to the child, and the Iowa court system can address the situation.
A history of domestic abuse can have a serious effect upon the custody determinations that the Iowa court makes in a divorce or custody cases.
In the hearts of their human owners, pets can feel like as much a member of the family as a person. As such, getting the right resolution for the distribution of pets in an Iowa divorce case is often of great importance.
In Iowa, when a person fails to follow a court order, the matter can be addressed through a Rule to Show Cause (which is sometimes also called a contempt action). A Rule to Show Cause is most commonly used in family law cases to address violations of court orders involving custody, visitation, child support, and spousal support.
Conciliation is part of the Iowa divorce process in some cases. The purpose of conciliation is to attempt to save the marriage by getting the spouses to work out their differences. Iowa code section 598.16 addresses conciliation.
Under Iowa law, those seeking a divorce are subject to a 90 day waiting period. However, the Iowa code allows for waiver of that waiting period under certain narrow circumstances.
A parent, custodian, or guardian of a child may desire to file a private termination of parental rights action in Iowa under Iowa Code Chapter 600A. A private termination of parental rights action is
Many Iowa counties require that a Settlement Conference be held in divorce and custody cases. The purpose of the Settlement Conference is to get the parties and attorneys to try and work out some of all of the issues in the case, so as
In Iowa custody and divorce cases, the court can address custody, visitation, child support, and attorney fees on a temporary basis. In divorce cases, temporary financial matters such as spousal support and payment of bills can also be addressed. The purpose of the Temporary Matters hearing is to handle such issues on a short-term basis, so that the parties
Divorce and custody cases can be the most important legal system event in a person’s life, as the outcome can influence custody, visitation, property, and financial aspects of the person’s life for years to come. If the outcome of the trial is not favorable, then an appeal should be considered.
A guardianship is the legal process through which someone other than the parent of a child can legally care for the child. Guardianship are commonly used when a child’s parents are unable or unwilling to care for a child. For example, a relative may seek a guardianship of a child when the parent(s) are
Under Iowa law, either unmarried parent of a child can seek to have the court establish their respective rights and responsibilities as parents of the child. Essentially, that involves establishing paternity, custody, physical care, visitation, child support, tax exemptions, and other similar matters.
When an Iowa court grants a divorce, annulment, or separate maintenance, it may order either or both parents to pay a “reasonable and necessary” amount towards the support and maintenance of a child. The court is required to consider the responsibility of both parents to provide for the minor child’s needs and welfare. The child support payments are
An order of protection, also sometimes informally called a “restraining order,” is a court order that is intended to stop domestic violence, harassment, intimidation of a dependent, or interference with personal liberty. Men, women, and children can seek an order of protection in Iowa. The law surrounding orders or protection can be complex, so I always recommend that those seeking an order of protection – or those defending themselves against a wrongfully filed Protective Order –
A divorce, also referred to as a marital dissolution, is the termination of a marriage by court order. In Iowa, there is a 1 year residency requirement, meaning that at least one of the spouses must have been an Iowa resident for a least a year. If neither spouse has lived in Iowa for a year, then the Iowa courts do not have the authority to grant a divorce. The proper court for filing a divorce petition in Iowa is