Iowa No Fault Divorce

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The state of Iowa offers various options for filing a divorce. This is because no fault as well as fault divorce grounds can be opted for in order to obtain a separation. It has been observed that most of divorcing partners choose no fault grounds, although they have sufficient evidence showing all faults of their partner. The reason for doing so is that partners do not wish to get involved in court contests, and also they do not desire that their children should get involved in all stressful conditions associated with this legal process. Iowa no fault process comprise of various legal formalities along with the fulfillment of specific criteria such as, residency requirement, suitable grounds etc., that are valid in the state. As a result, no fault cases in states like Iowa is mainly established when there is no possibility to restore the distorted marital relationship between both the spouses. At the same time, both the partners should not have any obligations while signing the final divorce papers after showing their agreements upon all terms and conditions mentioned in the final documents.

Grounds of Iowa No Fault Divorce

While filing no fault case, the petitioner has to mention that the marriage has broken down irretrievably. The petitioner may mention the following reasons for this occurrence:

  • Incompatibility of temperament
  • Irreconcilable differences

The courts should be convinced that even if the couple undergoes counseling to repair the marriage, it does not safe guard the best interests of the divorcing couple. Generally, during no fault divorce case, both the spouses are equally interested to get depart from their respective partner.

Residency requirements of Iowa no fault divorce

In order to file a no fault case in Iowa state, you and your spouse need to satisfy few of the major requirements of the state. It is essential that either both the divorcing partners or the only divorcing partner who files the petition must be living in the state for at least twelve months prior to the filing date.

New child support guidelines in the state

The Iowa Supreme Court has introduced new child support guidelines, which has been functional from July 01, 2009. The child support guidelines are drafted after considering the pure income shares model. According to this, either of two parents would be required to disburse the child support amount. This obligation of child support usually remains functional till the following conditions are fulfilled

  • The child dies
  • The child marries
  • The child graduates from high school or completes 19 years of age (whatever occurs earlier)
  • The child becomes self-supporting and emancipated

Visitation schedule

Generally, the non-custodial parent is offered the visitation rights. The visitation schedule is designed so that the child and the non-custodial parent can have frequent meetings. The suitable visitation schedule can help them to maintain their bonding for lifetime. The visitation rights are mainly scheduled during specific occasions as stated below:

  • Summer or school vacations
  • Birthdays
  • Holidays
  • Weekends
  • During the week

Aspects of child custody

There are two major types of child custody, namely, Physical custody and Legal custody.

Physical custody implies the responsibility and right to maintain a house for the minor child, and make arrangements for the routine care of the child. Joint physical custody means that both the divorcing parents have equal rights to take decisions regarding the stay of the child.

Legal custody is about the decision making that affects the religious instruction, extracurricular activities, education, medical care of the child. When both the parents are ordered to take decisions regarding all these issues, then it is called as joint legal custody.

The court keeps the following issues in mind while taking any decision regarding custody.

  • Maximum continued emotional and physical contact with both parents
  • The best interests of the child

If the divorce is an uncontested one, the court demands a marital agreement form from the divorcing partners. In this form, it is essential to present a sound parenting plan, the visitation schedules, the primary residence of the child and the arrangements regarding care of the child.

The Iowa no fault divorce necessarily includes the settlement of child related crucial issues such as, child custody and support, visitation schedule, parenting plan and likewise. Therefore, the court house of the state has a major role in this section. On the other hand, the basic conditions like residency requirement and mentioning of definite grounds are few of the major criteria fulfilled while filing no fault divorce in the court house.

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