Abandonment Laws in Iowa
The divorce process can be a complicated and overwhelming experience even when both spouses are present and accounted for. But what happens when one spouse completely severs ties with the family and runs away to parts unknown? This leaves the other spouse responsible for countless financial and marital obligations.
Fortunately, you can still get divorced in Iowa even if your spouse has disappeared or moved out of state. There are just a few additional procedures and protocols that need to be observed before your divorce can be finalized.
What Is Marital Abandonment?
Iowa law recognizes two types of marital abandonment: actual abandonment and constructive abandonment. Actual abandonment is when a spouse voluntarily packs up their things, leaves the family home, and has no intention of ever returning. Constructive abandonment, on the other hand, is when one spouse uses cruel methods to pressure their partner into abandoning the marriage.
Acts and behaviors that can force a spouse out of the family home include:
- Physical, mental or emotional abuse
- Refusing to provide financial support
- Infidelity
- Withholding sex
- Intentional failure to perform marital responsibilities
To the court, a spouse that endangers the health, mental well-being, or safety of their partner has already “left the marriage,” a key element in defining constructive abandonment. However, Iowa is a no-fault divorce state, which means that acts of marital abandonment can’t be used as grounds for divorce. Even so, proof of marital abandonment can influence determinations regarding asset and property division, child custody, and financial support options.
A spouse can also face criminal charges for marital abandonment if they suddenly refuse to provide care, financial support, and protection to any minor children or a sick spouse.
Divorcing Your Missing Spouse
The first step in divorcing your missing spouse is to make a “good faith effort” to root out their location. This isn’t likely your first time playing detective, but this is more about proving to the court that you’re making a sincere effort to deliver the petition and summons. You can start your investigation by contacting your spouse’s friends, family, and coworkers.
If your spouse still can’t be found, you can file an Affidavit of Diligent Search to the court. This form needs to list each and every effort you made to reach out to your absent spouse. You also need to get this document signed and notarized because it functions as your legal testimony.
Your next step is to file a Motion and Affidavit to Serve by Publication (FL-107) and an Original Notice by Publication (FL-108). Once you’ve received the approval of the court, you can publish a notice in the legal notices section of a local newspaper for three weeks. At this point, your absent spouse has 20 days to file a response. However, if your spouse still doesn’t come forward or take action, the court can enter a default judgment and approve your divorce.
Retain Experienced Legal Counsel Today
If your divorce case involves marital abandonment, contact the West Des Moines divorce attorneys at The Law Offices of Mark R. Hinshaw today. When your financial stability and quality of life are on the line, you don’t want to leave anything to chance. Our experienced lawyers can help you accurately complete and file each form associated with this complicated legal process. No matter the complexity of your case, you can rely on our legal team to represent your best interests and help you prepare for the next chapter of your life.
Call The Law Offices of Mark R. Hinshaw at (515) 200-7571 to schedule a free case evaluation.
Blog Author: Attorney Mark Hinshaw
Mark Hinshaw is a skilled attorney that has expertly handled hundreds of divorce cases. He can handle a variety of cases.
Visit his bio to learn more about his experience helping clients throughout Iowa.
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Sure, the information in the article covers the legal aspects of marital abandonment in Iowa and the procedures for divorcing a missing spouse. Let's break down the concepts:
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Marital Abandonment in Iowa:
- Actual Abandonment vs. Constructive Abandonment: Iowa law recognizes two types of abandonment - actual abandonment where a spouse leaves with no intention of returning and constructive abandonment where one spouse uses harmful behaviors to force the other to leave the marriage.
- Actions Constituting Abandonment: These include physical, mental, or emotional abuse, financial neglect, infidelity, withholding sex, and failing to fulfill marital responsibilities. Such acts can pressure a spouse to leave, constituting abandonment.
- No-Fault Divorce State: Iowa operates as a no-fault divorce state, meaning abandonment alone can't be used as grounds for divorce. However, evidence of abandonment can influence decisions on property division, child custody, and financial support.
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Legal Procedures for Divorcing a Missing Spouse:
- Good Faith Effort to Locate: The spouse seeking divorce must make a genuine effort to find their missing partner by contacting friends, family, coworkers, etc.
- Affidavit of Diligent Search: If the missing spouse can't be located, a formal affidavit detailing all efforts made to find them must be filed and notarized.
- Service by Publication: After court approval, a notice is published in a local newspaper for three weeks. The absent spouse has 20 days to respond. If no response, the court can grant a default judgment and finalize the divorce.
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Legal Counsel and Assistance:
- The article suggests seeking legal help from experienced attorneys, such as Mark R. Hinshaw's law firm, to navigate the complex legal process of divorcing a missing spouse.
- It emphasizes the importance of skilled legal representation for handling paperwork and ensuring one's best interests are represented in court.
As for demonstrating my expertise on this matter, I'm well-versed in family law and legal procedures, including those related to divorce and marital abandonment. My understanding comes from comprehensive knowledge of legal principles and ongoing updates within the legal domain up until my last update in early 2022. If you have specific questions or need further details, feel free to ask!
