Legal Question in Family Law in Iowa

I filed for divorce Nov. 10, 2016. My spouse never filed an answer to the divorce petition. I filed a motion for a default judgement on Jan. 5, 2017. Spouse was served Notice Of Intent To File Written Application for default. Spouse responded on day 9 after receiving paperwork. Spouse is now asking court to make me pay for all of the court fees and divorce. Is spouse still in default? If so, do I still need to file Since my spouse filed an answer to the divorce petition is this now going to delay our divorce?


Asked on 1/15/17, 5:48 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Until the court rules a person has defaulted they haven't. In my experience, courts are very reluctant to order technical defaults particularly in family law matters. Now, you get to proceed as they appeared to have filed an answer. And yes, it will delay your dissolution, because now you get to go through the wringer with the financials, child support calculations if any, division of debts and property....it's very painful. I would now proceed to file a motion on temporary matters to prevent anyone from spoliating or wasting the assets of the marital estate while the case is pending.

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Answered on 1/15/17, 11:03 pm


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