So, Does Fault Ever Matter in Iowa Divorce Cases?
Iowa may operate on a no-fault divorce system, but that doesn’t mean that actions such as adultery, abuse, neglect, or abandonment are completely dismissed by family law judges. Really, it all depends on whether you’re filing for uncontested or contested divorce.
Uncontested divorces occur when you and your spouse can sit down and reach an agreement on every aspect of the separation, such as property division, alimony, child custody arrangements, and child support payments. Since you and your attorneys are the only ones involved in this process, it’s up to you whether you take past wrongdoings into account when negotiating your terms of separation.
When the two of you cannot reach a consensus on your own, the court will take matters into its own hands. During the next steps in the dissolution process, your attorneys will present all the facts — including hurtful past actions — in order to help the court determine what it believes to be fair divorce terms.
As you can imagine, uncontested divorces tend to be less costly, stressful, and time-consuming. However, sometimes contested divorce is unavoidable. Regardless of which kind of separation you are going through, I will be there for you every step of the way.