Iowa No Fault Divorce

Iowa is called as a mixed state. It is implied that no fault as well as fault grounds may be employed to obtain a divorce. It has been observed that some divorcing partners choose no fault grounds, although they have sufficient evidence of fault of their partner. The reason of doing so is that they do not wish to get involved in court contests and also they do not desire that their children should get involved in these.

Grounds of Iowa No Fault Divorce

In the Complaint for divorce, the Petitioner has to mention that the marriage has broken down irretrievably. The Petitioner may site the following reasons for this occurrence.

  • Incompatibility of temperament
  • Irreconcilable differences

The courts should convinced that if any trials are made to repair the marriage, then, those are not in the best interests of the divorcing couple.

Residency requirements of Iowa No Fault Divorce

Minimum one divorcing partner must be living in this state for at least 12 months prior to the filing date.

New child support guidelines in the state

The Iowa Supreme Court has introduced new child support guidelines that are in effect from 1st July 2009. The pure income shares model of child support is the basis of these guidelines. According to these, either parent would be required to disburse child support amount. This obligation of child support usually remains in force 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 visitation rights. In these rights, visits during the following occasions are specified.

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

Aspects of child custody

There are 2 varieties 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 physical rights regarding the child.

Legal custody is about the decision making that affects the religious instruction, extracurricular activities, education, medical care and legal status of the child. When none of the parents have legal rights that are superior to the other parent, 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 the divorcing partners. In this form, it is essential to mention a sound parenting plan, the visitation schedules, the primary residence of the child and the arrangements regarding care of the child.

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