Legal separation occurs when a married couple invites the court to act as a third party in resolving some marital issues that fall within the scope of the agreement. These issues may include child support, custody, alimony, property sharing, asset division, etc. However, the couple does not Divorce and remains married despite the division of some responsibilities and assets. When one married person decides to marry someone else, they must first inform their spouse and go through a legal divorce. To legally separate, one of the spouses must be an Iowa resident, and there must be proof that the marriage is no longer viable.
Filing for a legal separation is almost similar to a divorce. The person asking for the separation must file a petition in the county where they live. If they do not live in Iowa, it should be filed in the other spouse's county of residence. One must have been a resident of Iowa for at least a year before the petition was filed. The petitioner should then submit the required terms of a marriage separation, including property division, possible alimony, terms of child support, and custody.
The must-have petition information for both spouses. There are four copies to be filed. The first one is presented to the clerk of the district court, who then stamps the other three copies. One is served to the other spouse either by mail or in-person or through a third party like a lawyer. After 90 days, the petitioner files the agreement or asks for a hearing if the couple cannot agree on the terms of the separation due to certain factors. A judge then makes a verdict on the matters during that hearing.
The divorce process is not a walk in the park, so that most couples may opt for a legal separation. One of the pros of separation is that it creates room for reconciliation and second chances. This is especially beneficial for a couple who does not want to dissolve their marriage through a divorce permanently. It gives time for them to think through the matters that were bringing battles between them and hopefully come up with a solution. The saying goes that time heals everything; most couples can take this time for therapy and counseling while still meeting their responsibilities and the kids.
A legal separation allows for sharing financial obligations and benefits without having to dissolve the marriage until each spouse can stand on their own financially and end the marriage fully. In this way, the defendants, who are the kids in this case, still get the support they need from both parents without having to be fully separated from one of them. This also brings an atmosphere of friendliness to the family as both get actively involved in the responsibilities of the marriage.
A legal separation in Iowa is as strenuous as a divorce. This is since filing paperwork and going to court are similar. This brings a stressful atmosphere between the two, who may just be separating for a greater cause. If, in any case, the couple cannot agree on the terms of the separation, there will be involvement of the court through hearings and proceedings which need money, time, and effort, making it the same in measure as a divorce.
This environment usually is made to make the couple reconsider their relationship and if it is worth going through all of that. Couples can choose to settle their issues through an informal channel rather than going through the court. If they decide to go for a divorce, then it will be a process twice repeated, which means there is a double cost.
As stated earlier, both processes cause a strain on the involved parties since they are similar in the processes involved. However, Divorce is a permanent dissolution of the marriage agreement which means the couple can enjoy free choice in their lives without having to depend on the approval of the other. However, Divorce also provides terms and conditions for both parties when children are involved to ensure they are catered for. Other financial responsibilities may not be granted in a divorce but only through the property division.
On the other hand, a legal agreement provides a space and opportunity for the couples to settle their differences and revive their marriage at any time compared to Divorce, which will require a new process of remarrying. When religion, customs, and social issues are brought into the equation, most folks will prefer legal separation to adhere to the norms and ways provided by the respective religions or societies.
A legal separation allows for spouses to continue benefiting from insurance or other medical benefits that come with marriage and are not available in the case of a divorce. This helps when one of the spouses cannot support themselves with medical requirements. Divorce also becomes a bit harder to handle and accept for children than a legal separation. The whole meaning behind it causes a disheartening experience for children born by the couple. Hence a couple might opt for a legal separation to maintain a stable child upbringing for their children.
Filing for a legal separation in Iowa, you must pay a $265 fee for filing the petition. The payment is made to the clerk of your county court, who must ensure that the payment is made before the court process starts. If the person filing cannot pay a fee, the court allows for the procedure to be delayed until they can pay.
When the filing of the petition is made to the court clerk, and when the court accepts to listen to the request, it is usually 90 days. During these 90 days, the couple is expected to come up with the terms of the separation and agree on what they want to be included in the agreement. After 90 days, if there are still disagreements about this, the court may have to be involved, hence taking more time to settle the separation. On several occasions, the court may order marriage counseling sessions to pave the way for any form of reconciliation between the parties, which may take up to 60 days.
Just as it is for a divorce, a legal separation requires the court to make a verdict on the custody of the kids. If the couple is ready to share the responsibilities for the children, then the court will have an easier time deciding on this. However, if there are custody issues that the married persons cannot decide on, then the court is forced to intercede by conducting investigations on the fitness of both to raise the children. In terms of allegations of one party being unfit to raise the children, the court also has to ascertain the situation before giving full custody to the other. The court's main aim is to be the best way to raise the children.
There are two types of custody which is legal and physical. Legal custody is usually granted on a joint term. Both parents are involved in the raising and decision-making of the child's life. This is a way to encourage cooperation and unity in the upbringing of the dependents in a way that is best for them. This is granted on request or by order of the court. Physical custody is usually the most contested for children's custody. It involves where the child will be living daily. This can be granted with many factors being considered, such as whether the parent is fit, the environment of the home of the parent, the child's preference, and many others. However, joint physical custody may also be given if both a suited and fit to offer the child the best comfortability.
Iowa law specifies the conditions that determine a child's support system. At times this may be decided on a physical custody agreement. The parties' income level will also be considered so as not to overburden one more than the other and about the child's needs. On some occasions, payments may be made to the respective court directly depending on the relationship between the two parties. If both parties agree on payment terms and adhere to them without issue, the court may grant outside payments. Payments are additionally not taxable on either of the parties. However, the child support agreement may be changed with huge proof of the matter presented before the court.
As explained earlier, a legal separation gives the couple space to rethink their separation and if it is the best thing to do. This is where the trial separation comes in. The couple is granted the opportunity to decide to live apart for a certain period and see if it is the best decision for their marriage. The couple can agree on the duration of the trial and the form by which they will meet the other responsibilities during the trial. They can decide to have it in a formal document, but the court will not enforce it since it is not a legally binding agreement in law.
In most cases, it may not be necessary. However, if one of the spouses feels like they are in danger or the child's life is from the perspective of abuse and domestic violence, it is advisable to get one. Attorneys can also make the process easier by advising you on the requirements in case of disagreements or hearings.
This is a written document of the terms and conditions of the separation. It includes the child's custody and support, any possible alimony, and property and debt divisions. The document is enforceable until the court decides otherwise.
The agreement must be prepared by both parties and signed by both parties. The couples should agree on what is right for them and how to share assets they acquired together; they should also share information on all assets and property and come up with the most suitable sharing proportions. Hence, they should disclose their financial capabilities and needs in the agreement. When it comes to the child's custody, the court may require a review if one of the parties raises any concerns.
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