Family Law
I am getting divorced. Should I hire an attorney?
What are the legal grounds for obtaining a divorce?
How are assets divided in a divorce?
How do courts determine child custody?
What is joint custody?
How is child support determined?
What happens if a parent does not pay court-ordered child support?
Do grandparents have visitation rights?
Does Iowa recognize common law marriages? How is a common law marriage formed?
I am getting divorced. Should I hire an attorney?
Divorce procedure can be very difficult, especially if you do not know what you are doing. Although there are self-help resources available online, these 
resources are not applicable in many situations and do not cover all of the variations that can arise. Anyone contemplating divorce should consult an attorney to discuss the process and requirements.
What are the legal grounds for obtaining a divorce?
Iowa is a no fault state, so as long as there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, you can obtain a divorce.
How are assets divided in a divorce?
Marital property is divided “equitably” between parties in Iowa, however, that does not necessarily mean an equal split. Property division will largely depend on various factors of the parties, including:
a. The length of the marriage.
b. The property brought to the marriage by each party.
c. The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services.
d. The age and physical and emotional health of the parties.
e. The contribution by one party to the education, training or increased earning power of the other.
f. The earning capacity of each party
How do courts determine child custody?
The Courts look to the “best interest of the child” in determining child custody. If the parties cannot agree to a custody arrangement, the Court will take many factors into account in its determination. Different types of custody arrangements can be found in the next section.
What is joint custody?
Child Custody has two parts: legal custody and physical care. Legal custody is the right to make important decisions and receive important information regarding your child, including school, medical, and legal status. Physical care is the right to maintain a home for the minor child and provide for the routine care of the child.
The preference is for the parties to have joint legal custody. The preference traditionally was for one party to be awarded physical care of the minor child, called primary physical care, with visitation to the other party, but that preference is shifting. If both parties can show the Court that they can create a plan and work together for the good of their minor child, then Courts are willing to grant what are called shared physical care arrangements.
How is child support determined?
Iowa calculates child support based on both parents’ incomes. The noncustodial parent pays child support to the custodial parent. If the parties have shared physical custody, child support is calculated for both parties and the parent with the higher support amount pays the difference between the two amounts.
Payments must be made either through Collection Services Center or through the County Clerk of Courts, payments made directly to the other parent are not recognized child support payments by the Court.
What happens if a parent does not pay court-ordered child support?
There are severe actions that can now be taken against a parent not paying child support, including contempt of court proceedings resulting in jail time, wage garnishment directly from their employer, and bank account seizures. Some states now also refuse to renew driver’s licenses of parents that have delinquent child support due and their tax refunds may also be seized.
Do grandparents have visitation rights?
Iowa allows grandparents to petition the Court to ask for visitation of grandchildren and great grandchildren under certain circumstances. It is not an automatic right, although situations where it can be granted are when a parent has died, the parents are divorced, or the child is placed in foster care.
Does Iowa recognize common law marriages? How is a common law marriage formed?
Iowa does recognize common law marriages. For a common law marriage to be found, there must be cohabitation of the parties and a “holding out” of the parties as husband and wife. This can include receiving mail as “Mr. and Mrs.” and introductions to third persons as a married couple. Contrary to popular belief, there is no time limit required before a common law marriage may be recognized.
Helpful LinksIowa Child Support Enforcement