Family Law

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Division of Property: Premarital Agreements

It is rumored that Elin Nordegren, Tiger Woods' estranged wife, will receive close to $100 million in their divorce settlement.  Other celebrity figures have also paid big bucks when their marriages have ended.  For example, Michael Jordan paid his ex-wife, Juanita, an impressive $168 million to end their marriage.  Their dissolution was subject to the jurisdiction [...]

By | July 16th, 2010|Family Law|

Now What?

"Now what?" This is a common question that I hear from clients after their divorce is final. Generally, the following is a few things I would encourage people to keep in mind after a divorce: A Decree of Dissolution of Marriage is a final order; however, there are certain remedies available to a person if changes need [...]

By | June 10th, 2010|Family Law|

A Child’s Right to Choose?

Generally, a child has a right to have his or her opinion considered by the court in child custody cases. It is a common misconception; however, that this right becomes controlling when a child reaches a certain age. A child's age and maturity level are merely factors that the court considers when assessing how much weight to [...]

By | June 4th, 2010|Family Law|

Cruel and Inhuman Treatment?

Having previously blogged about Iowa recognizing "no-fault" divorce, I found a recent article from the New York Law Journal to be particularly interesting. The article discussed a 2009 New York case in which one party cited abandonment and cruel and inhuman treatment in support of their dissolution action. While the Court ultimately granted the dissolution on the [...]

By | April 18th, 2010|Family Law|

Alienation of Affection Claims

Seven states in the United States recognize alienation of affection claims. This type of claim allows a spouse to sue third parties that they allege interfered in their marriages. While Iowa is not one of the states that recognize alienation of affections claims, a recent North Carolina case caught my eye. Under centuries-old North Carolina case law, a [...]

By | April 12th, 2010|Family Law|

Divorce: An Overview of Issues

"No-Fault" Divorce:  Iowa has what is known as a "no-fault" divorce law. This means that neither party is required to prove that the other party was "at fault" or caused the marriage breakup. Instead of proving fault, a person must simply show there has been a breakdown in the marriage relationship, the legitimate objects of matrimony have [...]

By | September 9th, 2009|Family Law|

Alimony

Alimony can be awarded to either a husband or a wife for a limited or indefinite length of time.  In Iowa, there are three different kinds of alimony - Traditional, Rehabilitative and Reimbursement.  Traditional alimony continues as long as the dependent spouse lives and remains unmarried.  It is generally awarded after a long marriage where [...]

By | May 8th, 2009|Family Law|

Use of Mediation in Family Law Disputes

The use of mediation in Iowa is becoming an increasingly popular way of resolving family law disputes. In mediation, a neutral third party (the mediator) assists the parties in reaching an agreement regarding some or all of the issues in their case. The mediator is chosen by agreement of the parties and while he/she is not a [...]

By | May 4th, 2009|Family Law|

Iowa Supreme Court Rules in Gay Marriage Case

The Iowa Supreme Court held in an unanimous decision today that the Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution.  The decision makes Iowa the first Midwestern state, and the forth nationwide, to allow same-sex marriages.  Pursuant to the ruling of the Court, [...]

By | April 3rd, 2009|Family Law|

New Child Support Guidelines

The Iowa Supreme Court has adopted new child support guidelines.  The guidelines will go into effect July 1, 2009 and are based upon the "pure income shares model of child support."  More information about the new guidelines is available on the Iowa Supreme Court's website:www.iowacourts.gov/news_service/news_releases/newsitem362/

By | March 10th, 2009|Family Law|