Family Law

Family Law

Family Law is an area of law pertaining to family matters and domestic relations, including: marriage and divorce, adoption and surrogacy, child custody, child visitation, child support, and paternity issues.

Divorce
A divorce is the legal dissolution of a marriage by the Court.

If you are considering a divorce you should talk with an attorney to be sure you are clear on your rights and responsibilities. Iowa is a “no-fault” state, which means that you nor your spouse will have to prove who caused the marriage to fail. If the marriage can no longer be preserved then the Court will grant the divorce. The divorce process can take time. At a minimum there is a 90 day waiting period, however, the entire process can take between six and twelve months depending on if the parties can agree on the issues. If the parties cannot agree and the Court must decide, it will take longer.

Certain requirements will need satisfied before the Court will grant a divorce. The parties must exchange detailed financial information, participate in mediation, and complete the Children in the Middle Class if there are minor children.

Child Custody Disputes
If you and your spouse have children the divorce process is more complicated. The issues are intricate and detailed. The decisions that are made will impact you, as well as your children, both now and in the future. An attorney can help guide you through the process.
Child Support
Child Support will be based on the amount established by the Iowa Child Support Guidelines. The guidelines recognize the importance of both parents in supporting the children. Both parents incomes will be used to set the child support amount. The Court must follow the guidelines unless there are unique and extenuating special circumstances.
Paternity Issues
If the parties are married, then the husband is presumed to be the father. If however, the parents are not married, than paternity may need to be established. Paternity can be established voluntarily or through the Court system.
Adoption
Adoption is the legal process that creates a parent-child relationship between persons not related by blood. Once adopted, the child is entitled to all privileges belonging to a natural child of the adoptive parents. The adoptive process permanently transfers all the rights and responsibilities from the biological parent(s) to the adoptive parent(s) Adoption is a two-step process beginning with the termination of the biological parent’s rights and ending with the adoption. Their rights must first be terminated before the Court will grant an adoption.