Guiding You Through Divorce In Iowa
Iowa is a “no fault” divorce state, which means spouses need not 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 it. At Foster Law Office, our Iowa City divorce attorneys will walk you through the process every step of the way. We can provide you with options and inform you about mandatory steps. 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 factors such as the length of the marriage, 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, 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.
Marital property includes debts as well as assets:
- Main residence or home
- Vacation homes or vacation property
- Cash assets in bank accounts and stocks
- All vehicles and boats
- Collections (art or guns, for example)
- Retirement assets such as 401(k)s, IRAs, TIAA CREF accounts and others
- Credit card debt
- Taxes due to the IRS, state or local government
Contested And Uncontested Divorces
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 the parties agree on property division, child custody, spousal support and other details. If the couple cannot agree on all of the details during mediation, the divorce proceeds as a contested divorce and will be heard in court before a judge.