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How will our property be divided? Iowa is an "equitable distribution? state. The court will divide all of the spouses' property whether it was acquired before or after the marriage, except any gifts and inheritances received before or during the marriage.
What Role Does Adultery Play in an Iowa Divorce? Iowa is a no-fault divorce state. Like virtually every other state, a couple can seek a divorce in Iowa without proving fault. This means that even when one spouse was unfaithful and committed adultery, the court doesn't need to know about it in a no-fault divorce.
How long do you have to be separated before divorce in Iowa? While there is a 90 day waiting period between filing for divorce and when a divorce could be legally granted, Iowa does not have legal separation requirements.
In order to legally separate, the couple must demonstrate that the marriage is irretrievably broken. One of the spouses must be an Iowa resident. Once the separation is recognized by the court, the parties will be obligated to fulfill all the responsibilities per the settlement agreement.
Because Iowa has no community property statutes, spouses without such an agreement will usually rely on a court or a judge to determine a "fair" property division. Generally, fair is an even split of all the property the couple owned jointly.
Unlike some states which have enacted a 50-50 split, Iowa divides marital property through the concept of ?equitable distribution.? This means that the court will divide the assets and debts based on what each party has contributed to the marriage and what the court considers to be fair.
From a legal disposition standpoint, there is no serious impact to the case if you are a petitioner, that is the first filer, or a respondent, the spouse who was served divorce papers.
How will our property be divided? Iowa is an "equitable distribution? state. The court will divide all of the spouses' property whether it was acquired before or after the marriage, except any gifts and inheritances received before or during the marriage.