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How 3 Issues Could Complicate Your Iowa Divorce

A divorce may be just another legal instrument to those in the business, but for many couples it represents one of the most stressful and difficult situations endured during their lifetime. Divorces are challenging events, and if you don’t have the support of friends, family, and legal representation, you can feel adrift. Filing for divorce is part of the process that leaves many couples confused. Many filers ask their divorce attorneys, “Why does it matter the grounds for my divorce?” Iowa is a no-fault divorce state, so no one is required to divulge the details or specific reason of why their marriage failed.

No-Fault Divorce State

Choosing the grounds for divorce are not as high stakes as in at fault states. Iowa is a no-fault state, so the details of why a party wants to leave a marriage aren’t required beyond acknowledging that the marriage is broken beyond repair. The privacy afforded by a no-fault marriage is preferable to many couples who would like to keep the reasons for their divorce out of the public record.

Mental Illness and Divorce

Some divorce situations are a little more complicated than others. When your spouse suffers from mental illness, you may struggle to help their unwell partner consent to a divorce or acknowledge the process. In Iowa, you can obtain a divorce from a mentally ill spouse, but you may be required to continue any support obligations started during the marriage. Depending on the severity of their issues, you could still be required to provide full or partial support for a term that will be determined by the court. If the support payments would cause a hardship, the court could reconsider on a case-by-case basis.

Pregnancy and Divorce

Most people assume that a pregnant woman would never want to get a divorce, but that’s not always the case. Sometimes a pregnancy can serve to further complicate an already broken marriage. If you’re married and you or your spouse is pregnant, by law the child automatically become the child of your husband. This could be a serious complication for the couple who is expecting a baby whose father is someone other than their mother’s legal husband. For starters, one party could end up legally and financially responsible for a child that is not theirs. You may need to take a DNA test to prove the baby’s parentage.

Military Duty and Divorce

Most active duty situations will be identical to the their civilian counterpart. There are a few exceptions to that statement. One of those instances where military service members may run into problems is if the laws of the state they were married from the laws in the state where they reside, if they’re different. The Servicemember Civil Relief Act gives members of the military legal and financial protections to protect personnel and their families from financial and legal issues that arise from the military active duty lifestyle. For example, if a spouse files for divorce from active duty personnel while they’re deployed, they can delay proceedings until after they’ve completed their tour. SCRA may also impact how retirement benefits are handled. The law also caps child support payments, and child support and alimony may not exceed 60% of a servicemember’s pay.

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If you need a family law attorney to help navigate the complications of divorce during Covid, call us now at (515) 200-7571 for more information about how we can help!




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