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Putnam Law Office
801 Commerce Dr.
Decorah, Iowa 52101
Tel: (888) 277-2024
Fax: (563) 382-8810
E-mail: info@putlaw.com Blog:http://blog.putlaw.com

Decorah, Iowa Attorney practicing in Iowa primarily in Personal Injury, Family Law, Auto/Car Accidents, Estate Planning/Probate, and Real Estate. Attorneys at Putnam Law Office are dedicated to serving their clients in Iowa, including the cities of Decorah, West Union, Waukon, Cresco, Elkader, New Hampton, Dubuque, Waterloo, Mason City, Waverly, Independence, Charles City, Iowa City, Cedar Rapids, Osage, Davenport, Garner, Eldora, & Clinton, and the communities that make up Winneshiek, Fayette, Allamakee, Howard, Clayton, Chickasaw, Dubuque, Black Hawk, Cerro Gordo, Bremer, Buchanan, Floyd, Johnson, Linn, Mitchell, Scott, Hancock, Hardin, and Clinton counties.

Contact an Iowa Family Law lawyer representing clients in Waverly, Iowa today to schedule your free initial consultation.

Divorce

A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party. Some states still require at least a minimal showing of fault (grounds), but no-fault divorce is now the rule in which incompatibility is sufficient to grant a divorce. The major issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney’s fees. Only state courts have jurisdiction over divorces so the petitioner/complainant can only file in the state in which he/she has been a resident for a period of time. In many states, the time period from original filing for divorce and final judgment (or decree) takes several months to allow for a chance to reconcile.

From the legalities, divorce gives both parties the legal right to marry another. A divorce also legally divides the couple’s assets and debts as well as determines the care and custody of their children. Every state approaches these issues differently although most states use similar standards.

The most relevant issues to be decided during divorce proceedings are alimony or spousal support, division of marital assets, and, if children are involved, child custody, visitation and child support.

Grounds

The grounds for divorce are set regulations in each state that specify under what circumstances can either party be granted a divorce. A fault divorce is a divorce that takes place on the grounds that one party can be considered at fault. In several states, the couple must live apart for several months before they are granted a divorce.

Following is a brief explanation of a few of the many reasons for one party to be granted a fault divorce.

1. Adultery is a consensual sexual relation when one of the participants is legally married to another person. In some states it is still a crime and is grounds for divorce for the spouse of the married adulterer.

2. Extreme cruelty is an archaic requirement to show infliction of physical and/or mental abuse by one of the parties to his/her spouse to support a judgment of divorce or an unequal division of the couple’s marital assets. In some states, Evidence of cruelty may result in division of property favoring the suffering spouse.

3. Infertility is the inability to conceive a child or carry a pregnancy to full term. If infertility of the other party was not discussed prior to marriage, this can be grounds for divorce.

4. Abandonment means willfully leaving one’s spouse and/or children, intending not to return, without the abandoned spouse’s consent.

Fault or No-Fault

A fault divorce traditionally requires one spouse to prove that the other spouse was legally at fault to obtain a divorce. The “innocent” spouse is then granted a divorce from the “guilty” spouse. Today, many states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, abandonment (desertion), cruelty, imprisonment, physical incapacity and incurable insanity. Some courts consider fault in determining the amount of spousal support.

A no-fault divorce is a divorce in which the dissolution of a marriage does not require fault of either party to be shown. Either party may request, and receive, the dissolution of the marriage, despite the objection of the other party.

The following list of states allows no-fault divorce as the sole grounds for divorce:

Arizona
Iowa
California
Kentucky
Colorado
Michigan
Delaware
Minnesota
Florida
Wyoming
Oregon
District of Columbia Hawaii
Montana
Washington
Indiana
Nebraska
Wisconsin

The following list of states indicates those that have added no-fault to traditional divorce:

Alabama
Maine
New York
South Dakota
Alaska
Maryland
North Dakota
Tennessee
Arkansas
Massachusetts
Ohio
Texas
Connecticut
Mississippi
Oklahoma
Utah
Georgia
Missouri
Pennsylvania
Vermont
Idaho
New Hampshire
Rhode Island
Virginia
Illinois
New Jersey
South Carolina
West Virginia
Louisiana
New Mexico

The following list represents states that consider incompatibility as grounds for divorce:

Alabama
Mississippi
New Mexico
Wyoming
Alaska
Montana
Ohio
Kansas
Nevada
Oklahoma

Many states have a “waiting period” before a couple can file for divorce. This is to enable them to possibly reconcile. The following list shows the prerequisite for couples residing apart and filing for divorce:

Alabama - 2 years
Nevada - 1 year
Tennessee - 2 years
Arkansas - 18 months
New Hampshire - 2 years
Texas - 3 years
Connecticut - 18 months
New Jersey - 18 months
Utah - 3 years
Hawaii - 2 years
New York - 1 year
Vermont - 6 months
Illinois - 2 years
North Carolina - 1 year
Virginia - 1 year
Louisiana - 6 months
Ohio - 1 year
West Virginia - 1 year
Maryland - 2 years
Pennsylvania - 2 years
District of Columbia - 1 year
Missouri - 1-2 years
Rhode Island - 3 years
Montana - 180 days
South Carolina - 1 year

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a free initial consultation, contact an Iowa Family Law attorney, representing clients in Waverly, Iowa at the Putnam Law Office. Give us a call at (888) 277-2024 or email us at info@putlaw.com.