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Iowa Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Can a wife get the house even if the husband bought the house while they were just engaged? Married 20 years

And she pays bills at the home and has lived there the whole time.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

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 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

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),... View 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... View 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... View More

1 Answer | Asked in Divorce and Social Security for Iowa on
Q: I want to separate from my husband, or divorce but I'm also trying for ssdi. I don't know if it will effect income.

so I'm wondering if applying for ssdi, should I bother separation or just go for divorce? I have no income myself. My husband makes the money.

Emmett B. Irwin
Emmett B. Irwin
answered on Jun 26, 2020

SSDI generally does not have income or asset limits, so it generally doesn't matter whether you're married, separated or divorced. But you have to have been working and paid payroll taxes for 5 out of the last 10 years before you became disabled to technically qualify for SSDI.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Iowa on
Q: Does my ex have any entitlement to my inheritance if we have been divorced for four years? We were married for 20 years.
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2020

No. Your ex would not have any entitlement to your inheritance even if you were still married. However, if you still owe your ex anything for support or division of property or anything like that, your inheritance will be a collectible asset if it is given to you outright. If your inheritance... View More

1 Answer | Asked in Consumer Law, Divorce and Car Accidents for Iowa on
Q: What are my options concerning a credit hit I took for my ex wife not paying her vehicle loan?

We both signed, and a judge signed, the stipulation for our divorce, and it literally states "(she) shall be awarded the 2012 Cruze automobile free and clear from any claim of (me) and she shall assume any indebtedness thereon, holding (me) free from any liability thereon".

2... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 17, 2017

You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.

1 Answer | Asked in Divorce for Iowa on
Q: the respondent did not answer divorce. what do I file next.

need to know what to file and what order and time line to file next.

Jesse Michael Marzen
Jesse Michael Marzen
answered on Apr 28, 2017

The procedure for a 'Default' (wherein the other person doesn't file an answer within 20 days after being served the Petition and Original Notice), is found in the Civil Procedure Rules. Here is a link to those Rules:... View More

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: If items are in my fathers name and my name, can his wife take those items in a divorce?

My fathers wife is greedy. She kissed our butts while they were dating. The moment they were married it all changed. She had him do everything for her and her kids. She has 4 kids whom have significant others, 8 grandchildren and 1 great grandchild. She pays for anything they ask for. Her 1st... View More

Jesse Michael Marzen
Jesse Michael Marzen
answered on Apr 27, 2017

Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is... View More

1 Answer | Asked in Divorce for Iowa on
Q: Can I obtain copies of ny divorce decree at the courthouse?
J. Richard Kulerski
J. Richard Kulerski
answered on Nov 28, 2010

Yes. Even though I practice law in IL and am unfamiliar with the procedures in IA, I am certain that the county court in which you were divorced will have your original document on file and available for copying.

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