Iowa Divorce Questions

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When filing for divorce, one does not understand the legal terms used to address them and various decisions related to divorce. So, one should get information about divorce if they are planning to file for one. There are certain common laws that are acceptable in many states of the U.S. Therefore, you should be aware whether these common laws are recognized in the state where you plan to file for divorce. The Iowa divorce questions and answers listed below would be of help to you if you have filed for divorce or are planning to file for divorces in this state. It is important to know about legal terms such as petition, petitioner, respondent, judgment of dissolution of marriage, mediation, separate property, alimony etc. Every state has different residency requirement, therefore, you should be aware about such details before you file for divorce.

Some examples of Iowa Divorce Questions:

Q. Is there legal recognition for common law marriage in this state?

A. Common Law marriages are legally acceptable in Iowa. These sorts of marriages are formed when both the partners have an intention of marriage and accede with each other to get married. There must be continuous cohabitation amongst these partners and it must be publicly declared that they are husband and wife.

Q. In Iowa, what are the minimum residency requirements?

A. Either or both of the divorcing partners must be residing in this state for at least 1 year immediately before the date of filing of the Petition.

Q. What are the legal terms for identification of the divorcing partners?

A. The legal term for the divorcing partner, who initiates the divorce process and files the required documents, is Petitioner. The other partner is called as the Respondent.

Q. Has any waiting period been specified in this state?

A. From the date of filing the Petition in the court, a waiting period of 90 days has been specified. Only on completion of this waiting period, the court can grant the Judgment of Dissolution of marriage.

Q. If the Respondent is staying outside Iowa, what is the impact on the divorce process?

A. As per the law, it is essential to serve the Respondent with a divorce notice so that the Respondent understands that his or her partner has filed a divorce complaint. Further, if the Respondent stays outside the state, then the Petitioner has to hire a server for the service. Thus, more money, more time and more paperwork are essential during the divorce process. Although, this is a fact, the divorce law in this state has not made it mandatory that the Respondent should live in Iowa.

Q. Provide a brief idea regarding Mediation?

A. During mediation, a neutral third party attempts to resolve the divorce issues and assists the partners in this regard. In this state, the court can issue orders that the divorcing parties must undergo mediation sessions prior to approaching the court for a trial.

Q. Is it possible that the separate property of the divorcing partners may be divided amongst them?

A. Separate Property is that property of the divorcing spouses that is obtained by gift or inheritance. This is generally not divided during the divorce process. However, if the property itself or any income generated by the property is utilized for the common benefit of the partners in the marital life, then it may be considered for distribution.

Q. While determining alimony, which factors does a court speculate on?

A.

• Any mutual agreement between the partners
• The tax consequences of each party
• The possibility that the spouse requesting support may become self-supporting
• The earning ability of the spouse requesting for support
• The educational status of both the divorcing partners at the moment of marriage and the moment when the divorce action is initiated
• What each spouse has received after the distribution of property
• The emotional and physical health and age of the partners
• The duration of the marital life

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