Providing You With Options | Guiding You Through Divorce
Iowa is a "no fault" divorce state, which means that one spouse doesn't need to prove that the other spouse is at fault through infidelity or other faults. That doesn't matter. In Iowa you can get a divorce even if only one person wants the divorce. At Foster Law Office, our Iowa City divorce attorneys walk you through the process every step of the way. We provide you with options when they exist and inform you about the steps that are mandatory. For example, there is a mandatory 45-day parenting program that couples must complete if they have children.
As with other areas of law in which we practice, we follow a two-pronged approach.
- Participate in the mediation process to find agreement and options
- Prepare for a court fight if necessary
Spousal support or alimony is awarded in Iowa and will depend upon many other factors such as the length of the marriage, past employment history and future employment options.
The two main areas of contention in divorce are typically child custody and division of property.
Equitable Division of Property in Iowa Divorce
During divorce, the property will be divided equitably. Equitable is not the same as equal. For example, rather than selling the house and dividing the equity in half, one party may stay in the home to assume full ownership and the other party may accept more equity from retirement funds or other property. Equitable division considers the length of the marriage and the ability of either party to earn an income. The division of property also factors into any alimony or spousal support that one party may pay out to the other — and for how long that may last.
The property that is considered marital property includes debts as well as assets:
- Main residence or home
- Vacation homes or vacation property
- Cash assets in bank accounts or stocks
- All vehicles and boats
- Collections (art or guns for example)
- Retirement assets such as 401(k), IRAs, TIAA CREF accounts and others
- Credit card debt
- Taxes due to the IRS, state or local government
Cedar Rapids Contested Divorce Lawyer
Even though Iowa is a "no fault" divorce state, you can still have either a contested or uncontested divorce. An uncontested divorce would be one in which both parties were able to come to agreement on the property division, child custody agreement, spousal support or alimony other details. If the couple is not able to agree on all of the details during mediation, the divorce proceeds as a contested divorce and will be heard in court before a judge.
Your Resource for Family Law Needs
For experienced and competent representation during divorce, please call our law office at 319-383-0405 or toll-free at 866-781-3971, or send our attorneys an e-mail.