Iowa Family Law Questions & Answers

Q: how much does it cost to file a dissolution of marriage in Iowa

1 Answer | Asked in Family Law for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
$185.00. You could also find this out on iowacourts.gov

Q: I just turned 17 and my father is constantly threatening to kick me out and its happend before. what are my options?

1 Answer | Asked in Family Law and Juvenile Law for Iowa on
Answered on Oct 4, 2017
Stephen Douglas Lombardi's answer
Legally none. At least not as you've described the situation. Practically you could try doing what he says. After all isn't he paying the bills.

Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Answered on Jun 19, 2017
Kenneth V Zichi's answer
If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know what to be looking for and what to expect! If the accounts were 'drained' by administrative expenses, the Trustee MAY be responsible for that oversight, but you would have to show they SHOULD HAVE...

Q: Iowa. Ex left state with children. No court custody arrangement. I'm on the birth Certificates. What to file?..No money

1 Answer | Asked in Family Law and Child Custody for Iowa on
Answered on Apr 28, 2017
Jesse Michael Marzen's answer
There are resources available to help you. For starters, the Iowa Judicial Branch has forms available for folks to represent themselves. Link: http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp Also, the Iowa State Bar Association has a number of programs and associations available. Link: http://www.iowabar.org/?LegalAssistance Also, Iowa Legal Aid has the Volunteer Lawyers Program that connects pro bono lawyers with folks needing...

Q: If items are in my fathers name and my name, can his wife take those items in a divorce?

1 Answer | Asked in Divorce and Family Law for Iowa on
Answered on Apr 27, 2017
Jesse Michael Marzen's answer
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 'pre-marital' property, and he will get to retain that item.

There are many things involved in preparing to dissolve a marriage. Your father should seek the advice of an attorney about specific items in...

Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Answered on Feb 23, 2017
Mr. Nicholas A. Sarcone's answer
It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.

Q: Is it illegal for my mom to threaten to kill herself in front of me? I am 13

1 Answer | Asked in Family Law and Criminal Law for Iowa on
Answered on Feb 17, 2017
Mr. Nicholas A. Sarcone's answer
It is probably not illegal for your mom to threaten to kill herself. If she threatened you, that would be illegal. However, you might considering calling a suicide prevention hotline and asking for help. The police may also be able to help.

Q: If my niece been adopted but now want to be with her real family how do I go about getting custody.

1 Answer | Asked in Adoption and Family Law for Iowa on
Answered on Aug 12, 2016
Nicholas Hay's answer
Your options are few and very difficult to achieve. You could attempt to establish a guardianship in Iowa if that is where she is living. Her parents would have to consent to the guardianship if you can't prove that they are unfit. Even though she is 16 it doesn't mean she gets to pick where she lives. If you want to adopt, the window for that option practically closed when she was adopted. To adopt, her parents would have to have their rights terminated. Unless they consent to that it is...

Q: If I am 16 and want to hangout with a guy that is 4 years and 8 months older than me can my parents call the cops on him

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Juvenile Law for Iowa on
Answered on Aug 12, 2016
Nicholas Hay's answer
Not likely, as long as you two are not doing anything illegal including him having you out past a city or town curfew, and your parents tell you that you can't leave the house but you do to go hang out with him, it is unlikely he gets arrested for you two simply being in the same vicinity of each other and talking. He can get arrested for just talking to you if he is a registered sex offender or there is a valid no-contact order in place preventing him from contacting you or speaking to you if...

Q: I am a male to female transgender how much will it cost to change my name

1 Answer | Asked in Family Law for Iowa on
Answered on Aug 9, 2016
Peter N. Munsing's answer
You technically can do that yourself, but I think it's worth your getting a legal consultation to make sure that you get a checklist/don't miss a step.

LAMBDA may have a local group that could assist. Other than that, you pay for publication of a legal notice, pay for a court filing, and do a lot of paperwork. Big issue is going to be loans and other issues, and social security. A lot of that legwork you can do by going to the social security office, talking to loan officers if any, etc.

Q: I have joint custody of my son per our divorce decree and my son's school wants proof from a judge

1 Answer | Asked in Family Law for Iowa on
Answered on Nov 6, 2015
Terrence H Thorgaard's answer
There is a difference between which of you has primary custody and who is the actual primary caregiver. If the former is what the school wants, the decree is what they would need. If they want the latter, the judge probably wouldn't know in any event.

Q: Can my daughters mom go to jail for starving my daughter? If it happened 3 years ago

1 Answer | Asked in Criminal Law and Family Law for Iowa on
Answered on Nov 5, 2015
Robert Jason De Groot's answer
These are not just basic questions about the law. It was a civil case of child neglect, not a criminal one. It will not be easy for her to get more time, in my opinion.

Q: Can my ex sign his rights away and stop paying. He has had no contact with our 3 children in 2 yrs. Modifying Cs order

1 Answer | Asked in Family Law for Iowa on
Answered on Nov 4, 2015
Terrence H Thorgaard's answer
No. Unless the children are being adopted, his duty to pay child support doesn't depend upon whether he has any "parental rights", or whether he has attempted to "sign away" such rights.

Q: Why won't courthouse correct date on birth certificate?

1 Answer | Asked in Family Law for Iowa on
Answered on Oct 21, 2015
Terrence H Thorgaard's answer
I expect that the courthouse doesn't have the authority to make such a correction. Why is it important to you?

Q: I've been separated from my daughter's father 4.5 years. No custody agreement and need to move 20 hrs away. Can I?

1 Answer | Asked in Family Law for Iowa on
Answered on Sep 16, 2014
John Arthur Smitten's answer
If not married to him and no orders in place then yes you can move, otherwise no. You should still get a custody Order. Use of a lawyer is recommended.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.