Without specialized education, it is easy to get confused when dealing with legal terms. It, in turn, can lead to misunderstandings, resulting in wasted time, unnecessary financial expenditures, or simple awkwardness. One pair of commonly confused legal terms are divorce and legal separation.
If a person is working on getting a divorce in Iowa, they might read about legal separation and think these terms are the same. That is why it’s important to understand the difference between divorce and legal separation in Iowa, as the state can grant both!
Obvious Differences
Divorce means the same in all the states. It is a legal dissolution of marriage that officially terminates the marriage. Once the divorce process is finalized, both spouses are legally single and can marry again.
Legal separation is very different but is still recognized by law. It is a court-ordered statement that allows spouses to live apart. However, it does not end the marriage. It only establishes boundaries and responsibilities between the partners.
In-depth: Divorce
Now, let’s go into a more detailed review of what divorce is and all the aspects behind it.
First of all, it is worth mentioning that Iowa is one of the pure no-fault states. It means that the court can grant a divorce if one of the partners simply states that the marriage is irretrievably broken and there is no chance for reconciliation.
The state doesn’t allow spouses to use fault-based grounds for divorce such as adultery, habitual drunkenness, etc.
Just like any other state, Iowa divides the divorce process into two subcategories: contested and uncontested.
The first subcategory covers cases where spouses have disputes. A contested divorce happens when spouses can’t reach an agreement on essential things such as child custody and support, liability and property division, alimony (also known as spousal support), and so on. Typically, this type of divorce is more expensive and time-consuming because spouses need to hire lawyers, and the process involves a lengthy court trial.
The second category, an uncontested divorce, is a more peaceful way for couples to end their marriage. It can be applied when partners solve all the crucial issues related to their breakup and reach an agreement that satisfies both sides. As a result, couples can often proceed with filing for divorce without lawyers and avoid lengthy court litigation.
An uncontested divorce allows spouses to prepare their divorce papers themselves. They can even do it via the Internet using special online divorce paperwork preparation services. Such divorce companies help generate court-approved forms at a lower cost. They also help save time because typically, the paperwork is completed within a couple of days.
However, it is important to understand that internet divorce refers to preparing documents, not ending the marriage. Only the court can grant a divorce after spouses file their papers and the judge reviews the case.
In-depth: Legal Separation
Residents of Iowa can file a petition for a legal separation from their partner. Although it won’t terminate the marriage as divorce does, spouses will still have to negotiate assets division, child custody, a visitation plan, etc.
So, why would a couple go for a legal separation instead of a divorce? There are numerous potential reasons. For example, spouses could decide to separate due to religious reasons or their financial situation. These reasons are more practical or based on partners’ core principles.
Another common reason for legal separation is uncertainty. Partners may not be sure whether divorce is a good idea for them and need some space to find the answer. It is also common for couples to separate but keep the marriage intact for the sake of their children.
Different yet Similar
As it is possible to see, divorce and legal separation have little in common. The first procedure terminates the marriage, while the second one basically puts it on pause.
On the other hand, legal separation in Iowa can be pretty close to divorce in terms of procedures. Since Iowa is a no-fault state, the rules for stating grounds are relatively soft. Just like in a divorce, a petitioner can use irretrievable breakdown with no prospects of preserving the marriage as a ground to initiate a legal separation.
In addition, both legal processes have similar forms of mediation and distribution of essential matters such as child custody.
Quite often, legal separation is a precursor to an official divorce or a time for spouses to get over their differences before reuniting. So, it all depends on the individual case.
Final Word
From the legal perspective, divorce and legal separation are radically different in the state of Iowa. The information provided above clearly highlights the most important differences between these processes. With this in mind, you are now equipped to analyze what’s right for your case.
