Firm Overview
Practice Areas
Attorneys
Resources
Contact
 
Clark, Butler, Walsh & Hamann
 
CLARK BUTLER
WALSH & HAMANN
315 E 5th St.
Waterloo, Iowa 50703
Phone: (319) 234-5701
Fax: (319) 232-9579
Email: info@cbwh-law.com
 
Waterloo, Iowa Attorney practicing in Iowa primarily in Civil Litigation, Business Organization, Estate Planning & Probate, Family Law, Insurance Defense, Motor Vehicle Accidents, Personal Injury, Premise Liability, Product Liability, Real Estate, Workers' Compensation & Wrongful Death. Lawyers at the Clark, Butler, Walsh & Hamann are dedicated to serve their clients in Iowa, including the cities of Waterloo, Cedar Falls, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Des Moines, Adel, Marshalltown, Pella, Decorah, Eldora, Johnston, Ankeny, Muscatine, Ottumwa, Manchester, Elkader, and Burlington , and the communities that make Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Marion, Winneshiek, Muscatine, Wapello, Delaware, Clayton, Hardin and Des Moines counties.
 
 
I. General Information about Family Law
II. Marriage
III. Premarital / Prenuptial Agreement
IV. Divorce
V. Alimony, Spousal Support and Maintenance
VI. Division of Property
VII Adoption
VIII. Child Custody and Visitation
IX. Child Support
 


  " Contact a Iowa family law lawyer representing clients in Cedar Falls, Iowa today to schedule your free initial consultation."
Clayton County Courthouse Elkader Iowa

Premarital/Prenuptial Agreement

A Premarital/Prenuptial Agreement (referred to as "prenup" for short) is a written contract between two people drawn up before marriage. It generally details any and all property either party owns (along with any debts) and what each person's property rights will be after marriage and sometimes whether alimony will be paid if the couple should divorce. Also, a prenuptial agreement may state what is to be done about property distribution should one of them die.

The Uniform Premarital Agreement Act provides for division of property due to separation, divorce and death, alimony, wills, ownership of property as well as management and control, and life insurance benefits.

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.

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.

Alienation of Affection

Alienation of affection is a tort claim for willful or malicious interference in a marriage by a third party without excuse or justification. There are only nine states that consider alienation of affection a viable cause for action.

Annulment

An annulment differs from a divorce as it is a judicial statement that there was never a marriage. An annulment means that the individuals were never united in marriage as husband and wife. Currently, most states have annulment statutes. An annulment declares that a marriage, which appears to be valid, is actually invalid. There are two kinds of invalid marriages. A void marriage is one that was invalid from the very beginning. The major grounds for a void marriage are incest, bigamy and lack of consent. A voidable marriage is one that can be declared illegal but continues as valid until an annulment is sought.

Fraud is the most common ground for annulment. The misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children or sex, which society considers the foundation of a relationship.

Physical or emotional conditions may also be elements for an annulment, especially if they interfere with sexual relations or procreation. Other health conditions providing grounds for an annulment include, but not limited to, alcoholism, incurable insanity and epilepsy.

Copyright © MMVII JAKOBIE
 
Back to Top
 
If you would like to schedule a free initial consultation contact an Iowa family law attorney, representing clients in Cedar Falls, Iowa  at the Clark, Butler, Walsh & Hamann. Give us a call at (319) 234-5701 or email us at info@cbwh-law.com.
 

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 should consult an attorney for individual advice regarding your own situation.

 

 
© MMVII Clark, Butler, Walsh & Hamann Address: 315 E 5th St., Waterloo, Iowa 50703 Phone: (319) 234-5701 Fax: (319) 232-9579
Email: info@cbwh-law.com Home l Firm Overview l Practice Areas: Civil Litigation, Business Organization, Estate Planning & Probate, Family Law, Insurance Defense, Motor Vehicle Accidents, Personal Injury, Premise Liability, Product Liability, Real Estate, Workers' Compensation & Wrongful Death l Attorneys l Resources l Contact l The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation. Iowa Family Law Attorney Cedar Falls Divorce Custody Alimony Child Support Lawyer Blackhawk County
Web Site Design By Jakobie
Home Contact Us Family Law Family Law Frequently Asked Questions