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Glossary of Family Law Terms
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State Statutory Resources
Iowa
Code
Divorce Law
598.17 DISSOLUTION OF MARRIAGE
-- EVIDENCE.
A decree dissolving
the marriage may be entered when the court is satisfied from the evidence
presented that 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.
The decree shall state that the dissolution is granted to the parties, and
shall not state that it is granted to only one party. If at the time of
trial petitioner fails to present satisfactory evidence that 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, the respondent may then
proceed to present such evidence as though the respondent had filed the
original petition.
A dissolution of marriage granted when one of the spouses has mental illness
shall not relieve the other spouse of any obligation imposed by law as a
result of the marriage for the support of the spouse with mental illness.
The court may make an order for the support or may waive the support
obligation when satisfied from the evidence that it would create an undue
hardship on the obliged spouse or that spouse's other dependents.
[C71, 73, 75, 77, 79, 81, §
598.17]
89 Acts, ch 296, §77; 96 Acts, ch 1129, § 101
Referred to in § 97A.1, 410.10, 411.1
598.2 JURISDICTION AND VENUE.
The district
court has original jurisdiction of the subject matter of this chapter. Venue
shall be in the county where either party resides.
[C51, § 1480; R60, § 2532; C73, § 2220; C97, § 3171; C24, 27, 31, 35, 39, §
10468; C46, 50, 54, 58, 62, 66, § 598.1; C71, 73, 75, 77, 79, 81, § 598.2]
598.5 CONTENTS OF PETITION
-- VERIFICATION -- EVIDENCE.
1. The petition for dissolution of marriage
shall:
...(abbreviated)
k. Except where the respondent is a resident of this state and is served by
personal service, state that the petitioner has been for the last year a
resident of the state, specifying the county in which the petitioner has
resided and the length of such residence in the state after deducting all
absences from the state, and that the maintenance of the residence has been
in good faith and not for the purpose of obtaining a dissolution of marriage
only.
[C71, 73, 75, 77, 79, 81, § 598.5]
85 Acts, ch 178, §4; 97 Acts, ch 175, §186; 2005 Acts, ch 69, §30
598.19 WAITING PERIOD BEFORE DECREE.
No decree dissolving a
marriage shall be granted in any proceeding before ninety days shall have
elapsed from the day the original notice is served, or from the last day of
publication of notice, or from the date that waiver or acceptance of
original notice is filed or until after conciliation is completed,
whichever period
shall be longer. However, the court may in its discretion, on written motion
supported by affidavit setting forth grounds of emergency or necessity and
facts which satisfy the court that immediate action is warranted or required
to protect the substantive rights or interests of any party or person who
might be affected by the decree, hold a hearing and grant a decree
dissolving the marriage prior to the expiration of the applicable period,
provided that requirements of notice have been complied with. In such case
the grounds of emergency or necessity and the facts with respect thereto
shall be recited in the decree unless otherwise ordered by the court. The
court may enter an order finding the respondent in default and waiving
conciliation when the respondent has failed to file an appearance within the
time set forth in the original notice.
[C58, 62, 66, §
598.25; C71, 73, 75, § 598.16, 598.19; C77, 79, 81, § 598.19]
Referred to in § 598.8
...For further information, please refer to the Iowa Code - Chapter 598
Iowa
Divorce Law Overview
Iowa Mandatory Education for Divorcing Parents
Marriage and Living Together Law
Iowa
Marriage License Law
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Child
Support
598.21B ORDERS FOR CHILD
SUPPORT AND MEDICAL SUPPORT.
1. Child support
guidelines.
a. The supreme court shall maintain uniform child support guidelines and
criteria and review the guidelines and criteria at least once every four
years, pursuant to the federal Family Support Act of 1988, Pub. L. No.
100-485. The initial review shall be performed within four years of October
12, 1989, and subsequently within the four-year period of the most
recent review.
b. The guidelines prescribed by the supreme court shall incorporate
provisions for medical support as defined in chapter 252E to be effective on
or before January 1, 1991.
c. It is the intent of the general assembly that, to the extent possible
within the requirements of federal law, the court and the child support
recovery unit consider the individual facts of each judgment or case in the
application of the guidelines and determine the support obligation
accordingly. It is also the intent of the general assembly that in
the supreme court's review of the guidelines, the supreme court shall do
both of the following:
(1) Emphasize the ability of a court to apply the guidelines in a just and
appropriate manner based upon the individual facts of a judgment or case.
(2) In determining monthly child support payments, consider other children
for whom either parent is legally responsible for support and other child
support obligations actually paid by either party pursuant to a court or
administrative order.
d. The guidelines prescribed by the supreme court shall be used by the
department of human services in determining child support payments under
sections 252C.2 and 252C.4. A variation from the guidelines shall not be
considered by the department without a record or written finding, based on
stated reasons, that the guidelines would be unjust or inappropriate as
determined under criteria prescribed by the supreme court.
2. Child support orders.
a. Court's authority. Unless prohibited pursuant to 28 U.S.C. § 1738B,
upon every judgment of annulment, dissolution, or separate maintenance, the
court may order either parent or both parents to pay an amount reasonable
and necessary for supporting a child.
b. Calculating amount of support.
(1) In establishing the amount of support, consideration shall be given to
the responsibility of both parents to support and provide for the welfare of
the minor child and of a child's need, whenever practicable, for a close
relationship with both parents.
(2) For purposes of calculating a support obligation under this section,
the income of the parent from whom support is sought shall be used as the
noncustodial parent income for purposes of application of the guidelines,
regardless of the legal custody of the child.
(3) For the purposes of including a child's dependent benefit in
calculating a support obligation under this section for a child whose parent
has been awarded disability benefits under the federal Social Security Act,
the provisions of section 598.22C shall apply.
c. Rebuttable presumption in favor of guidelines. There shall be a
rebuttable presumption that the amount of child support which would result
from the application of the guidelines prescribed by the supreme court is
the correct amount of child support to be awarded.
d. Variation from guidelines. A variation from the guidelines shall not be
considered by a court without a record or written finding, based on stated
reasons, that the guidelines would be unjust or inappropriate as determined
under the criteria prescribed by the supreme court.
e. Special circumstances justifying variation from guidelines. Unless the
special circumstances of the case justify a deviation, the court or the
child support recovery unit shall establish a monthly child support payment
of twenty-five dollars for a parent who is nineteen years of age or younger,
who has not received a high school or high school equivalency diploma, and
to whom each of the following apply:
(1) The parent is attending a school or program described as follows or has
been identified as one of the following:
(a) The parent is in full-time attendance at an accredited school and is
pursuing a course of study leading to a high school diploma.
(b) The parent is attending an instructional program leading to a high
school equivalency diploma.
(c) The parent is attending a vocational education program approved
pursuant to chapter 258.
(d) The parent has been identified by the director of special education of
the area education agency as a child requiring special education as defined
in section 256B.2.
(2) The parent provides proof of compliance with the requirements of
subparagraph (l) to the child support recovery unit, if the unit is
providing services under chapter 252B, or if the unit is not providing
services pursuant to chapter 252B, to the court as the court may direct.
Failure to provide proof of compliance under this subparagraph or proof of
compliance under section 598.21G is grounds for modification of the support
order using the uniform child support guidelines and imputing an income to
the parent equal to a forty-hour workweek at the state minimum wage, unless
the parent's education, experience, or actual earnings justify a higher
income.
3. Medical support. The court shall order as child medical support a
health benefit plan as defined in chapter 252E if available to either parent
at a reasonable cost. A health benefit plan is considered reasonable in
cost if it is employment-related or other group health insurance, regardless
of the service delivery mechanism. The premium cost of the health benefit
plan may be considered by the court as a reason for varying from the child
support guidelines. If a health benefit plan is not available at a
reasonable cost, the court may order any other provisions for medical
support as defined in chapter 252E.
4. Necessary content of order. Orders made pursuant to this section need
mention only those factors relevant to the particular case for which the
orders are made but shall contain the names, birth dates, addresses, and
counties of residence of the petitioner and respondent.
2005 Acts, ch 69, §40
Referred to in § 234.39, 252A.3, 252A.6, 252A.6A, 252B.5, 252B.6, 252B.9,
252C.2, 252C.3, 252C.4,
252F.3, 252F.4, 252F.5, 252H.2, 252H.6,
252H.8, 252H.9, 252H.15, 252H.19, 252H.21, 598.20, 598.21C, 598.21E, 598.22,
598.22C, 600B.25, 600B.41A
...For further information, please refer to the Iowa Code - Chapter 598
Iowa Child Support
Iowa Child Support Guidelines: Court Rules, Worksheets and Tables
Child Support Explained
Iowa Raising Child Support Awareness
Iowa Child
Support Enforcement
Iowa Fatherhood
Child Custody and Visitation Law
598.41 CUSTODY OF CHILDREN.
1. a. The court may provide
for joint custody of the child by the parties. The court, insofar as is
reasonable and in the best interest of the child, shall order the custody
award, including liberal visitation rights where appropriate, which will
assure the child the opportunity for the maximum continuing physical and
emotional contact with both parents after the parents have separated or
dissolved the marriage, and which will encourage parents to share the rights
and responsibilities of raising the child unless direct physical harm or
significant emotional harm to the child, other children, or a parent is
likely to result from such contact with one parent.
b.
Notwithstanding paragraph "a", if the court finds that a history of domestic
abuse exists, a rebuttable presumption against the awarding of joint custody
exists.
c. The court shall consider the denial by one parent of the child's
opportunity for maximum continuing contact with the other parent, without
just cause, a significant factor in determining the proper custody
arrangement. Just cause may include a determination by the court pursuant
to subsection 3, paragraph "j", that a history of domestic abuse exists
between the parents.
d. If a history of domestic abuse exists as determined by a court pursuant
to subsection 3, paragraph "j", and if a parent who is a victim of such
domestic abuse relocates or is absent from the home based upon the fear of
or actual acts or threats of domestic abuse perpetrated by the other parent,
the court shall not consider the relocation or absence of that parent as a
factor against that parent in the awarding of custody or visitation.
e. Unless otherwise ordered by the court in the custody decree, both
parents shall have legal access to information concerning the child,
including but not limited to medical, educational and law enforcement
records.
2. a. On the application of either parent, the court shall consider
granting joint custody in cases where the parents do not agree to joint
custody.
b. If the court does not grant joint custody under this subsection, the
court shall cite clear and convincing evidence, pursuant to the factors in
subsection 3, that joint custody is unreasonable and not in the best
interest of the child to the extent that the legal custodial relationship
between the child and a parent should be severed.
c. A finding by the court that a history of domestic abuse exists, as
specified in subsection 3, paragraph "j", which is not rebutted, shall
outweigh consideration of any other factor specified in subsection 3 in the
determination of the awarding of custody under this subsection.
d. Before ruling upon the joint custody petition in these cases, unless the
court determines that a history of domestic abuse exists as specified in
subsection 3, paragraph "j", or unless the court determines that direct
physical harm or significant emotional harm to the child, other children, or
a parent is likely to result, the court may require the parties to
participate in custody mediation to determine whether joint custody is in
the best interest of the child. The court may require the child's
participation in the mediation insofar as the court determines the child's
participation is advisable.
e. The costs of custody mediation shall be paid in full or in part by the
parties and taxed as court costs.
3. In considering what custody arrangement under subsection 2 is in the
best interest of the minor child, the court shall consider the following
factors:
a. Whether each parent would be a suitable custodian for the child.
b. Whether the psychological and emotional needs and development of the
child will suffer due to lack of active contact with and attention from both
parents.
c. Whether the parents can communicate with each other regarding the
child's needs.
d. Whether both parents have actively cared for the child before and since
the separation.
e. Whether each parent can support the other parent's relationship with the
child.
f. Whether the custody arrangement is in accord with the child's wishes or
whether the child has strong opposition, taking into consideration the
child's age and maturity.
g. Whether one or both the parents agree or are opposed to joint custody.
h. The geographic proximity of the parents.
i. Whether the safety of the child, other children, or the other parent
will be jeopardized by the awarding of joint custody or by unsupervised or
unrestricted visitation.
j. Whether a history of domestic abuse, as defined in section 236.2,
exists. In determining whether a history of domestic abuse exists, the
court's consideration shall include, but is not limited to, commencement of
an action pursuant to section 236.3, the issuance of a protective order
against the parent or the issuance of a court order or consent agreement
pursuant to section 236.5, the issuance of an emergency order pursuant to
section 236.6, the holding of a parent in contempt pursuant to section
236.8, the response of a peace officer to the scene of alleged domestic
abuse or the arrest of a parent following response to a report of alleged
domestic abuse, or a conviction for domestic abuse assault pursuant to
section 708.2A.
4. Subsection 3 shall not apply when parents agree to joint custody.
5. a. If joint legal custody is awarded to both parents, the court may
award joint physical care to both joint custodial parents upon the request
of either parent. Prior to ruling
on the request for the award of joint physical care, the court may require
the parents to submit, either individually or jointly, a proposed joint
physical care parenting plan. A proposed joint physical care parenting plan
shall address how the parents will make decisions affecting the child, how
the parents will provide a home for the child, how the child's time will be
divided between the parents and how each parent will facilitate the child's
time with the other parent, arrangements in addition to court-ordered child
support for the child's expenses, how the parents will resolve major changes
or disagreements affecting the child including changes that arise due to the
child's age and developmental needs, and any other issues the court may
require. If the court denies the request for joint physical care, the
determination shall be accompanied by specific findings of fact and
conclusions of law that the awarding of joint physical care is not in the
best interest of the child.
b. If joint physical care is not awarded under paragraph "a", and only one
joint custodial parent is awarded physical care, the parent responsible for
providing physical care shall support the other parent's relationship with
the child. Physical care awarded to one parent does not affect the other
parent's rights and responsibilities as a joint legal custodian of the
child. Rights and responsibilities as joint legal custodian of the child
include, but are not limited to, equal participation in decisions affecting
the child's legal status, medical care, education, extracurricular
activities, and religious instruction.
6. If the parties
have more than one minor child, and the court awards each party the physical
custody of one or more of the children, upon application by either party,
and if it is reasonable and in the best interest of the children, the court
shall include a provision in the custody order directing the parties to
allow visitation between the children in each party's custody.
7. When a parent awarded legal custody or physical care of a child cannot
act as custodian or caretaker because the parent has died or has been
judicially adjudged incompetent, the court shall award legal custody
including physical care of the child to the surviving parent unless the
court finds that such an award is not in the child's best interest.
8. If an application for modification of a decree or a petition for
modification of an order is filed, based upon differences between the
parents regarding the custody arrangement established under the decree or
order, unless the court determines that a history of domestic abuse exists
as specified in subsection 3, paragraph "j", or unless the court determines
that direct physical harm or significant emotional harm to the child, other
children, or a parent is likely to result, the court may require the parents
to participate in mediation to attempt to resolve the differences between
the parents.
9. All orders relating to custody of a child are subject to chapter 598B.
[82 Acts, ch 1250, § 2]
84 Acts, ch 1088, § 2, 3, 4, 5; 85 Acts, ch 67, § 57, 58; 86 Acts, ch 1179,
§ 5, 6; 95 Acts, ch 182, § 22--24; 95 Acts, ch 183, § 2; 97 Acts, ch 175,
§199, 200; 99 Acts, ch 115, §1; 2004 Acts, ch 1169, §1; 2005 Acts, ch 69,
§51--53
Referred to in § 598.7, 598.21C, 598.41A, 598.41B, 600B.40, 600B.41A
...For further information, please refer to the Iowa Code - Chapter 598
Iowa Child Custody Law Overview
Iowa Grandparent Visitation
Iowa Paternity
FAQ on Child Custody and Visitation
Child Custody Resources
Property Division
598.21 ORDERS FOR DISPOSITION OF
PROPERTY.
1. General principles. Upon every judgment of
annulment,
dissolution, or separate maintenance, the court shall divide the property of
the parties and transfer the title of the property accordingly, including
ordering the parties to execute a quitclaim deed or ordering a change of
title for tax purposes and delivery of the deed or change of title to the
county recorder of the county in which each parcel of real estate is
located.
2. Duties of county recorder.
The county recorder shall record
each quitclaim deed or change of title and shall collect the
fee specified in section 331.507, subsection 2, paragraph "a", and the fee
specified in section 331.604, subsection 1.
3. Duties of clerk of court. If
the court orders a transfer of
title to real property, the clerk of court shall issue a
certificate under chapter 558 relative to each parcel of real estate
affected by the order and immediately deliver the certificate for recording
to the county recorder of the county in which the real estate is located.
Any fees assessed shall be included as part of the court costs. The county
recorder shall deliver the certificates to the county auditor as provided in
section 558.58, subsection 1.
4. Property for children. The
court may protect and promote the
best interests of children of the parties by setting aside a
portion of the property of the parties in a separate fund or conservatorship
for the support, maintenance, education, and general welfare of the minor
children.
5. Division of property. The
court shall divide all property,
except inherited property or gifts received by one party,
equitably between the parties after considering all of the following:
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, including educational
background, training,
employment skills, work experience, length of absence from the job market,
custodial responsibilities for children, and the time and expense necessary
to acquire sufficient education or training to enable the party to become
self-supporting at a standard of living reasonably comparable to that
enjoyed during the marriage.
g. The desirability of awarding
the family home or the right to
live in the family home for a reasonable period to the party
having custody of the children, or if the parties have joint legal
custody, to the party having physical care of the children.
h. The amount and duration of an
order granting support payments
to either party pursuant to section 598.21A and whether the
property division should be in lieu of such payments.
i. Other economic circumstances
of each party, including pension
benefits, vested or unvested, and future interests.
j. The tax consequences to each
party.
k. Any written agreement made by the parties concerning property
distribution.
l. The provisions of an antenuptial agreement.
m. Other factors the
court may determine to be relevant in an individual case.
6. Inherited and gifted property. Property inherited by either party or
gifts received by either party prior to or during the course of the marriage
is the property of that party and is not subject to a property division
under this section except upon a finding that refusal to divide the property
is inequitable to the other party or to the children of the marriage.
7. Not subject to modification. Property divisions made under this chapter
are not subject to modification.
8. Necessary content of order. Orders made pursuant to this section need
mention only those factors relevant to the particular case for which the
orders are made but shall contain the names, birth dates, addresses, and
counties of residence of the petitioner and respondent.
[C51, § 1485; R60, § 2537; C73, § 2229; C97, § 3180; C24, 27, 31, 35, 39, §
10481; C46, 50, 54, 58, 62, 66, § 598.14; C71, 73, 75, 77, 79, § 598.17, §
598.21; C81, § 598.21; 82 Acts, ch 1054, § 1, ch 1250, § 4--9] 83 Acts, ch
101, § 118; 85 Acts, ch 159, § 10; 85 Acts, ch 178, § 6, 7; 86 Acts, ch
1079, § 5; 88 Acts, ch 1141, §2; 89 Acts, ch 102, §6; 89 Acts, ch 166, §6;
90 Acts, ch 1224, § 42--45; 92 Acts, ch 1195, § 405, 406, 508, 509; 93 Acts,
ch 78, §44--46; 93 Acts, ch 79, §48, 49; 94 Acts, ch 1171, §40--42; 95 Acts,
ch 52, § 8; 95 Acts, ch 115, § 11, 12; 96 Acts, ch 1106, § 17; 96 Acts, ch
1141, § 7, 28, 29; 97 Acts, ch 41, §32; 97 Acts, ch 175, §188--193, 200; 99
Acts, ch 103, §44, 45; 2001 Acts, ch 143, §8; 2002 Acts, ch 1018, § 16, 17,
21; 2003 Acts, ch 151, §28; 2004 Acts, ch 1157, §1; 2005 Acts, ch 69, §38.
Referred to in § 598.20, 598.21A
...For further information, please refer to the Iowa Code - Chapter 598 |
