Iowa Family Law Resources

Navigating family law matters is often challenging on multiple levels, from emotionally taxing situations to financial constraints, the process can be extremely difficult. For families or individuals in Iowa dealing with marriage, divorce, co-parenting, and asset division, access to reliable resources can be a huge relief.

This guide provides an overview of trusted Iowa family law resources to help individuals and families understand their rights, navigate restrictions, and find the support they need.

Iowa State Government Family Law Services

The state of Iowa provides various services through its judicial system to assist residents with legal matters pertaining to families. Here's an overview of the family law services in the state and their official resources:

Marriage 

Marriages in Iowa are governed by state statutes. Partners will need to obtain an Iowa marriage license, which verifies that the individuals meet the requirements outlined in the state's marriage laws. An Iowa county registrar issues licenses, which have a three-day waiting period between the date of issue and the start of a marriage ceremony. 

The statutes focus on consent and the age of legal marriage consent, which is 18 years. 

Divorce

Iowa offers the legal provisions to dissolve a marriage if one of the parties can demonstrate that the marriage has undergone a breakdown and there's no likelihood of a resolution. As a "no-fault" divorce state, Iowa doesn't attribute blame to either party for the end of a marriage relationship. 

The process for dissolving a marriage involves filing the petition, serving the other party, providing financial disclosures, and addressing issues related to the marriage, such as child custody, support, and property division.

If you're interested in resources on divorce with or without children, navigate to the appropriate court files under the divorce label. If you're interested in self-representation, visit the "representing yourself in divorce" section. Whitfield & Eddy Law family law attorneys can assist with flat-fee arrangements for no-contest divorces.

Besides a divorce, married couples can pursue legal separation in Iowa. It requires filing a petition similar to that for a divorce and addressing common matters usually addressed in divorce proceedings, like child support, custody, and separate maintenance—a version of spousal support for couples who choose to remain married.

Legal separation can be just as complicated as divorce. You may want to consult Iowa family law attorneys if you're unfamiliar with the process and are contemplating divorce or legal separation. 

Child Custody

Iowa law divides child custody into legal custody and physical care. Iowa law defines legal custody as the right to make important decisions concerning a child's upbringing, such as health care, education, safety, and religious affiliation. While courts often prioritize the child's best interests, they also favor joint legal custody, which allows both parents to make these major life decisions. 

Physical care focuses on the placement of children. When practical, Iowa courts issue joint physical care, but they also may award primary physical care if it's in the best interest of the child. When one party is awarded primary physical care, that parent takes on the primary role of raising the child, while the other parent is afforded reasonable and liberal parenting time with the minor children.

Child Support

Iowa provides detailed information about child support under the state's child support guidelines. It touches on deductions and applicable variances based on the income of both parents and other factors, such as the number of children, childcare expenses, and employment barriers.

The Child Support Recovery Unit (CSRU) is responsible for enforcing and modifying the financial obligations of parents to ensure adequate support of their minor children.

Spousal Support

Spousal Support

Alimony, also known as spousal support, is available to either spouse in divorce proceedings. Whether an award of alimony is made depends on various factors, such as earning capacities, age, health, length of the marriage, and contributions to the marriage.

Unlike child support, spousal support has no specific guidelines in Iowa. The court considers various factors to determine the best course of action. The amount awarded and the duration of payment are at the court's discretion and vary with each case. As such, spousal support can be temporary or indefinite.

Asset Division

In the event of a separation or the end of a marriage, Iowa courts help families fairly divide property. As an equitable distribution state, Iowa divides and distributes all of the property belonging to the marriage. It is important to note that Iowa law requires an “equitable” division of property, not equal. In order to determine an equitable distribution of property, Iowa courtsconsider many factors, including, but not limited to:

  • Each spouse's contribution to the marital asset acquisition.
  • Value of assets brought into the marriage.
  • Either spouse's contribution to homemaking and child care.
  • The age and physical conditions of the spouses.
  • Duration of the marriage.
  • Current and future earning capabilities.

Considering divorce and asset division are long and complex processes, it's important to understand where to begin. Iowa family law attorneys are an invaluable resource to help you navigate the process.

Helpful Support Organizations in Iowa

Outside the official court system, multiple organizations offer different types of support to Iowans in the form of legal and nonlegal assistance:

  • Department of Health and Human Services: The HHS serves as a critical resource for families, overseeing programs for child support services, child protective services, adult protective services, and mental health. Visit the HHS website for more information.
  • Iowa Legal Aid: The Iowa Legal Aid is a nonprofit focusing on Iowa legal aid for families with low income and, in general, vulnerable Iowans. It offers free civil legal assistance in various areas, including family law services.
  • Your Life Iowa: This organization provides critical support and resources for individuals and families. Its 24/7 support covers a variety of issues, such as mental health crises, suicidal thoughts, drugs, and alcohol. You can reach YLI via its website, call 855-581-8111, or text 855-895-8398.
  • Iowa Concern Hotline: For individuals and families overwhelmed by stress due to difficult circumstances, such as divorce and custody, the Iowa Concern Hotline offers free, 24/7, confidential support. Call the toll-free number at 1-800-447-1985.

Explore Family Law Services From Whitfield & Eddy Law

Navigating family law issues in Iowa can be complex and overwhelming, especially when dealing with major life circumstances like divorce, custody arrangements, and asset division. While available state resources and support organizations offer invaluable assistance, many people find immense benefit in legal counsel.

If you seek dedicated and comprehensive support, the experienced attorneys at Whitfield & Eddy Law are well-equipped to handle complex legal matters. Informed by years of expertise, our team in Des Moines and Mount Pleasant will help you with diverse family law issues, helping you achieve positive solutions. Contact our law offices for more information about our personalized and value-driven legal services!

Explore Family Law Services From Whitfield & Eddy Law

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