Iowa divorce laws
Child Support
Both parents' incomes are used to set the child support amount. Stepparent income is not included. Each parent's net monthly income is found by taking deductions from the gross monthly income. These deductions can include:
The net monthly incomes of both parents and the number of children, are used to set the child support amount. The child support amount set using the guidelines can only be changed by the court if it finds such a change is necessary to provide for the needs of the children or to be fair to the parents under special circumstances.
Determining parent's income.
The court will use any of the following in determining the amount of the net monthly income of a parent for purposes of establishing or modifying a support obligation:
- Income verified by an employer or payer of income
- Income reported to the department of workforce development
- For a public assistance recipient, income as reported to the department case worker assigned to the public assistance case
When the income information does not include the information necessary to determine the net monthly income of the parent, the unit may deduct twenty percent from the parent's gross monthly income to arrive at the net monthly income figure.
Temporary orders.
The court may order either party to pay the clerk a temporary amount for the separate support and maintenance of the other party and the children and to enable that party to prosecute or defend the action.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Residency 
Iowa law requires either that the respondent has established residency in the State of Iowa, or, that the Plaintiff be a resident of the State of Iowa for a minimum of one year immediately prior to the filing of the petition for divorce.
Child Custody
In the best interest of the child, the court will order a custody award which will include visitation rights, thereby assuring the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage. This ruling will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.
Should the court find that a history of domestic abuse exists, a presumption against the awarding of joint custody will exist.
The court will consider the denial by one parent of the child's opportunity for maximum continuing contact with the other parent a significant factor in determining the proper custody arrangement. The court will attempt to determine whether this denial is based on valid concerns (in particular a pattern of abuse) and consider the validity of such denial in its final determination. False charges can have an adverse impact on the parent denying the contact.
Should the court determine that a history of domestic abuse exists, and if a parent who is a victim of such domestic abuse relocates or is absent from the home based upon the fear of or actual acts or threats of domestic abuse perpetrated by the other parent, the court won't consider the relocation or absence of that parent as a factor against that parent in the awarding of custody or visitation.
Absent any finding to the contrary, both parents will have legal access to information concerning the child, including but not limited to medical, educational and law enforcement records.
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At the request of either parent, the court will consider granting joint custody in cases where the parents do not agree to joint custody.
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In cases where the court does not grant joint custody, the court will cite evidence that joint custody is unreasonable and not in the best interest of the child to the extent that the legal custodial relationship between the child and a parent should be severed.
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A finding by the court that a history of domestic abuse exists will outweigh consideration of any other factor in the determination of the awarding of custody.
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Before ruling upon a joint custody petition, and absent any evidence of domestic abuse or physical or emotional harm to the child, the court may require the parties to participate in custody mediation to determine whether joint custody is in the best interest of the child. The court may require the child's participation in the mediation insofar as the court determines the child's participation is advisable.
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The costs of custody mediation will be paid in full or in part by the parties and taxed as court costs.
In Iowa, the court will consider the following factors when ruling on child custody:
- Whether each parent would be a suitable custodian for the child.
- Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents.
- Whether the parents can communicate with each other regarding the child's needs.
- Whether both parents have actively cared for the child before and since the separation.
- Whether each parent can support the other parent's relationship with the child.
- Whether the custody arrangement is in accord with the child's wishes or whether the child has strong opposition, taking into consideration the child's age and maturity.
- Whether one or both of the parents agree or are opposed to joint custody.
- The geographic proximity of the parents.
- Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation.
- Whether a history of domestic abuse exists.
In Iowa, joint physical care is presumed to be in the best interest of the child, but joint legal child custody does not require joint physical care. In cases where joint physical care is denied, parents are to respect the rights and responsibilities of joint legal custody.
Where a parent awarded legal custody or physical care of a child cannot act as custodian or caretaker because the parent has died or has been judicially adjudged incompetent, the court will award legal child custody including physical care of the child to the surviving parent unless the court finds that such an award is not in the child's best interest.
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower. |
Grounds for Divorce
Iowa law allows divorces based upon the breakdown of the marital relationship. A popular phrase for this ground is irreconcilable differences, whereby the marriage has been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Mediation
In any petition which involves the issues of child custody or visitation, the court can order the parties to participate in a court-approved course to educate and sensitize the parties to the needs of any child or party. Parties will be responsible for arranging and paying for the course. Proof of completion will be required. In some cases, the court has the ability to order age-appropriate counseling for the children of the marriage. Domestic relations proceeding--mediation. The court may order the parties to participate in mediation to attempt to resolve differences between the parties without court intervention.
Alimony
The court can order either party to pay the clerk an amount of money for the separate support and maintenance of the other party and the children. Such awards can be temporary, or amended and made for a specific period.
The courts can award alimony to either spouse for a limited or indefinite time, after considering the following factors:
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The length of the marriage.
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The age and physical and emotional health of the parties.
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The distribution of property.
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The educational level of each party at the time of marriage and the time the action is commenced.
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The earning capacity of the party seeking support.
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The feasibility of the party seeking support becoming self-supporting.
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The tax consequences to each party.
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Any mutual agreement between the parties.
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And any other relevant factors.
Waiting
Period
A decree of dissolution (divorce) can be made after 90 days have elapsed since the service of the petition to the defendant. Certain conditions allow a waiver of the 90 day waiting period, and must be petitioned to the court.
Grandparents Rights
The grandparent of a child may petition the district court for grandchild visitation rights when any of the following circumstances occur:
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The parents of the child are divorced.
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A petition for dissolution of marriage has been filed by one of the parents of the child.
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The parent of the child, who is the child of the grandparent, has died.
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The child has been placed in a foster home.
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The parents of the child are divorced, and the parent who is not the child of the grandparent has legal custody of the child, and the spouse of the child's custodial parent has been issued a final adoption decree.
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The paternity of a child born out of wedlock is judicially established and custody has been awarded to the father of the child.
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A parent of the child unreasonably refuses to allow visitation by the grandparent or unreasonably restricts visitation.
A petition for grandchild visitation rights will be granted only upon a finding that the visitation is in the best interests of the child and that the grandparent had established a substantial relationship with the child prior to the filing of the petition.
Divorce Settlement
Equitable distribution guides the courts in Iowa. Assets will be divided and allocated to the two parties in an equitable but not necessarily even manner. The court can, in the best interests of the child, segregate assets in a separate fund or conservator ship for the support, maintenance, education and general welfare of the minor children. Inherited property or gifts received by one party will be returned to that recipient. The court may consider the following in its ruling:
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The length of the marriage.
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The property brought to the marriage by each party.
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The contribution of each party to the marriage
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The age and physical and emotional health of the parties.
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The contribution by one party to the education, training or increased earning power of the other.
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The earning capacity of each party
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The desirability of awarding the family home or the right to live in the family home
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The amount and duration of an order granting support payments
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Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests.
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The tax consequences to each party.
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Any written agreement made by the parties concerning property distribution.
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The provisions of an ante nuptial agreement.
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Other factors the court may determine to be relevant in an individual case.
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