Legal Question in Family Law in Iowa

Changing divorce decree

My spouse divorced 7 years ago and at the time agreed to all terms his ex-wife wanted in order to speed up the divorce process. This included giving her sole custody with him having visitation. Since the divorce, we have gotten married and although his income has not drastically changed, he is better off financially. We would like to know if it is possible to amend the divorce to decree to joint custody but still leave her with physical custody? We have decided to do this after several threats of keeping the children from us due to her having ''sole custody''. We also would like to make some other minor changes to the divorce decree as well. Or is the divorce decree permanent with no possibilities of change?


Asked on 2/14/04, 1:57 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Changing divorce decree

There is the possibility of amending the decree. Whether it is doable remains another question, particularly if there is disagreement. The process proceeds like any other civil action and the former wife has a right to notice and hearing. You as the petitioner have the burden of showing the reason and necessity for said change in the decree. You will not be able to have the decree changed without notice and hearing.

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Answered on 2/14/04, 9:18 pm


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