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Questions Answered by M. John Riley
1 Answer | Asked in Divorce for Iowa on
Q: What does it mean when a divorce is dismissed without prejudice in Iowa?

My wife decided to cancel our divorce and we signed a paper stating the case was dismissed WITHOUT prejudice.

Does that mean that case can be reopened without having to file again?

M. John Riley
M. John Riley
answered on Aug 30, 2024

No, another Petition and new case has to be created and filed. Also, a new filing fee will have to be paid.

1 Answer | Asked in Child Custody and Divorce for Iowa on
Q: Divorce decree states two weeks on two weeks off with the kids. The ex wants only our daughter full time and not son.

I suggested i take both full time and she said no. What do I do?

M. John Riley
M. John Riley
answered on Feb 28, 2022

A petition for modification needs to be filed to change the current custody arrangement.

1 Answer | Asked in Family Law for Iowa on
Q: I live in the state of Iowa what does filing the requisite affidavit and proceeding with service by publication mean?

Is there an specific form for filing this petition after receiving approval from the judge/court? I recently just filed a motion seeking official approval to file the petition/affidavit for doing this? Cant find the name of the form that can be filled out and completed.

M. John Riley
M. John Riley
answered on Dec 2, 2021

Google Iowa court forms. The site has legal forms for unrepresented parties.

1 Answer | Asked in Divorce for Iowa on
Q: Getting a divorce, what is the wife entitled to?

We own a house. Haven't had it for a year yet. I'm the only one on the mortgage but both our names are on the deed.

M. John Riley
M. John Riley
answered on Nov 12, 2021

In Iowa, the Courts will divide property and debts obtained during the marriage. Therefore, if the house was obtained during the marriage, it could be considered marital property.

3 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... View More

M. John Riley
M. John Riley
answered on Nov 10, 2021

Adultery cannot be used against the other spouse in Iowa. In Iowa, spouses generally divide marital property and debts equitably.

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