Legal Question in Family Law in Iowa
Common Law Marrage
I left a 10 yr marrage, gave up my home, my children and my nursing career for a Man who has put me in finacial and emotional ruins. over the past 8 yrs he has manipulated me into giving up everything, i have nothing, no job,no bank account, no life. he is physically and emotionally abusive,we once shared a checking account, I have used his last name on some things here and there. he makes great money, owns a house,car,truck, etc..we haved lived together for 8yrs. owned a mobile home togther, which he sold.he has isolated from even my family. in short, is common law marrage legal and do I have a legal finacial leg to stand on if I were to leave the relationship. I have taken care of him, his home and his minor child for 8yrs, is that worth anything in the eyes of the courts?
1 Answer from Attorneys
Re: Common Law Marrage
We do have common law marriage in Iowa. However, the burden is on you to prove it and then the standard divorce law and procedure kicks in. Here is the standard.
The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.