Please only use this document as a summary of the procedures. Please consult an attorney for answers to specific questions.

OUTLINE OF IOWA DIVORCE LAW

a. Who should file first- It really does not make a difference who files first in a dissolution of marriage other than what county the divorce will be in.

b. Where divorce filed- The divorce must be brought in the county in which either the husband or wife is residing.

c. Waiting period- There is a 90 day waiting period from the time the other party receives the papers until the divorce can be granted. This 90 day waiting period can be waived under certain circumstances.

d. Marriage counseling- Marriage counseling is not required, but either party can request a one time marriage conciliation done independently from each party.

e. Property and Debts- Property and debts are to be divided equitably between the parties which as a general rule means that each party will receive approximately one-half of the equity accumulated during the marriage, ie. assets minus debts accumulated during the marriage.

f. Child Support- Child support is set according to the parties income, the number of children and mandatory deductions like an IPERS pension. Roughly child support is 20% of the non-custodial parents income for 1 child, 30% for 2 children and 40% for 3 children.

g. Alimony- There are no set guidelines as to whether or not you will pay or receive alimony. The Court considers the length of the marriage, health of the parties, financial position, education and work history among various other factors.

POTENTIAL ISSUES IN A DIVORCE

I. Child custody and support- if applicable

a. Who will receive custody of the children?
b. What is the "best interests" of the children?
c. How much child support will I have to pay or receive?
d. When will child support start?
e. How long do I pay or receive child support?
f. Who is allowed to claim the children on their taxes?
g. Who will pay for the children's school expenses, clothes, etc.?
h. Who will pay for college expenses?

II. Property and Debts

a. Who will have to pay the debts?
b. Who gets the marital home?
c. Will I have to pay money to my spouse as a property settlement?
d. How much debt will I have to pay?
e. What is marital property and debts?
f. Does the inheritance I received count towards marital property?

III. Alimony

a. Am I entitled to it or will I have to pay it?
b. For what period of time will I receive it or pay it?
c. What are the tax consequences of alimony?

IV. Conclusion

The above are just a few questions that may need to be answered in a divorce. There are many additional things that should be considered in a divorce. Please consult an attorney for answers to your specific questions.

The Family Law attorneys at Walker, Billingsley & Bair are dedicated to protecting the rights of Iowans throughout the State of Iowa.  With offices in Des Moines and Newton we are located in Central Iowa, but represent clients throughout the state.