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Questions Answered by Austin J Luse
2 Answers | Asked in Divorce, Family Law, Personal Injury and Sexual Harassment for Iowa on
Q: Adultery in the state of Iowa

What recourse does a husband have in Iowa if his wife is openly committing adultery and refuses to stop?? The only respite she is offering is a divorce for which the husband has to pay along with losing half of the assets. She is openly mocking him by saying that in Iowa, he is screwed by the... Read more »

Austin J Luse
Austin J Luse answered on Oct 11, 2021

Iowa is a "no-fault" state, meaning that adultery, etc., cannot be used against an opposing party in divorce proceedings. Additionally, Iowa is a "marital property" state, meaning that any assets, aside from specific exemptions (including inheritances kept in separate accounts),... Read more »

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2 Answers | Asked in Appeals / Appellate Law for Iowa on
Q: AFFIRMED IN PART AND REVERSED IN PART.What does that mean?

A mother appeals a child in need of assistance adjudication

Austin J Luse
Austin J Luse answered on Nov 9, 2020

When a ruling has been appealed and is "Affirmed in Part and Reversed in Part", it means that a portion of the appealed ruling has been affirmed, meaning confirmed here; and part of the appealed ruling has been Reversed, meaning that part of the original ruling is no longer valid. I... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Iowa on
Q: my soon to be ex wife has let a multiple time felon move in before divorce is over. can i get custody of my children

boyfriend is on probation currently for 2 felonies. has a very extensive history of drug and alcohol charges, arson, burglary, theft, owi's. most recent charges almost 1 year ago. im concerned for my children. can i get full custody of them, or what is my best process? can i file to not have... Read more »

Austin J Luse
Austin J Luse answered on Nov 5, 2020

Do you currently have an attorney for the ongoing divorce? Or has this divorce process not yet started? If you have not retained an attorney or started the divorce process, I advise seeking one ASAP and having them file for divorce. From there, after some administrative hoops are jumped through... Read more »

1 Answer | Asked in Child Custody and Child Support for Iowa on
Q: Can I be forced to take my parenting time during Covid?

My wife and I have quarantined since March at the advice of my wife's doctor. My child's mother agreed to keep the child 100% of the time until my wife's doctor feels there are adequate treatment options should my wife contract Covid. The child's mother now wishes to return to... Read more »

Austin J Luse
Austin J Luse answered on Oct 28, 2020

The Court may find you in contempt of the decree/custody schedule even with the doctor-prescribed quarantine. I would advise seeking counsel to represent your interests to the Court and describe the nuances of your current COVID-riddled situation. It is possible that a modification of the decree... Read more »

1 Answer | Asked in Construction Law for Iowa on
Q: Is there a law in Iowa called Line of Sight? If so, what options do we have if roofer didn’t adhere to Line of Sight?
Austin J Luse
Austin J Luse answered on Oct 28, 2020

While I have not personally dealt with this issue before, the State of Iowa does adhere to the Line of Sight rule.

Here's the relevant Iowa Code section for this issue:

15.44

b. When a loss requires replacement of items and the replaced items do not match in quality,...
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