Legal Question in Family Law in Iowa

My wife left me in June, 2009 to move in with her boyfriend in another state. We worked out a divorce agreement and I attempted to file said divorce in Iowa. Divorce was denied due to issues concerning parenting classes, etc. The agreement was notarized and both parties signed. However, my wife has not abided by the terms and conditions set forth in the agreement and I have informed her that as far as I am concerned, the agreement is null and void due to her refusal to abide by it. I have spoken to attorneys in Iowa and have been informed that because of the length of time that the children have been out of state, that the Iowa courts will not take jurisdiction over the divorce as they have no jurisidction concerning custody, visitation, support, etc. In the absence of ANY court orders concerning custody, do I have a right to take the children back to Iowa so that I can file for divorce? My wife has had over 3 years and has done nothing. I allowed her to take the children out of state as I was deploying to Afghanistan in 2010.


Asked on 8/20/12, 10:12 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The answer is, without a valid custody and support agreement in place anywhere, her rights are as good as yours. If you have an agreement signed only by you and her it never was worth the paper it was printed on. However, you can take the matter under your control and file for a divorce here and force her to litigate at long distance. I suggest you contact an attorney who handles family law.

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Answered on 8/21/12, 10:31 am


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