 |
|
Cedar Rapids, Iowa Attorney practicing in Iowa primarily in Personal Injury, Employment Law, Family Law, Civil Litigation and Appeals, Personal Injury and Agricultural Law. Lawyers at the Day Rettig Peiffer, P. C. are dedicated to serve their clients in Iowa, including the cities of Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, 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. |
|
|
| |
|
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 |
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:
Hawaii |
Missouri |
North Carolina |
Illinois |
New Hampshire |
South Dakota |
Mississippi |
New Mexico |
Utah |
There are five states that have judicially eliminated alienation of affection:
Idaho |
Kentucky |
Washington |
Iowa |
South Carolina |
|
The following states have statutorily eliminated alienation of affection:
Alabama |
Indiana |
Nevada |
Texas |
Arizona |
Kansas |
New Jersey |
Vermont |
Arkansas |
Maine |
New York |
Virginia |
California |
Maryland |
North Dakota |
West Virginia |
Colorado |
Massachusetts |
Oklahoma |
Wisconsin |
Connecticut |
Michigan |
Oregon |
Wyoming |
Delaware |
Minnesota |
Pennsylvania |
District of Columbia |
Florida |
Montana |
Rhode Island |
Georgia |
Nebraska |
Tennessee |
|
|
Currently, Alaska does not have case law or statutes that clearly address this issue. Louisiana has never recognized alienation as a pliable cause for action and Ohio does not allow (by statute) monetary recovery for alienation of affection. Recently, North Carolina has extended the time frame in which one spouse can file an action for alienation of affection.
Back to Top
|
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.
Copyright © MMIX JAKOBIE
|
If you would like to schedule a initial consultation contact an Iowa family law adoption / divorce , representing clients in Waterloo, Iowa at the Day Rettig Peiffer, P. C..
Give us a call at (866) 472-3270 or email us at info@drpjlaw.com.
The family law claims and settlement attorneys at the Day Rettig Peiffer, P.C. are dedicated to serve their clients in eastern Iowa, including the cities of Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, 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. |
|
|
