Iowa City Family Law Lawyer, Iowa

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LEGAL TERMS

DIVORCE

The legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when that spouse files the divorce papers wit... (more...)
The legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when that spouse files the divorce papers with the court. These reasons are referred to as grounds for a divorce.

STIRPES

A term used in wills that refers to descendants of a common ancestor or branch of a family.

HOME STUDY

An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial s... (more...)
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.

DISSOLUTION

A term used instead of divorce in some states.

NEXT OF KIN

The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.

SHARED CUSTODY

See joint custody.

PREMARITAL AGREEMENT

An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

POT TRUST

A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

SAMPLE LEGAL CASES

Varnum v. Brien

... Joseph M. Barron, Des Moines; Richard T. Greenberg of McGuirewoods, LLP, Chicago, IL; and Shannon Price Minter of National Center for Lesbian Rights, Washington, DC, for amici curiae Professors of Family Law and Jurisprudence. ...

In re PL

... 34 Matthew R. Metzgar of Rhinehart Law, PC, Sioux City, for appellant-father. ... standards outlining when the state should intervene to protect a child, under what conditions a child should be removed from the home, and what services should be provided to the family so that the ...

State v. Garrity

... If the district court applied the law correctly, and there is substantial evidence to support the findings of fact, we will uphold the motion-to ... that person, without unnecessary delay after arrival at the place of detention, to call, consult, and see a member of the person's family or an ...

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