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The Iowa marital separation agreement form is a legal document that defines the legal status of spouses living separately. This agreement allows spouses to live separately and remain legally married.
A separation agreement can be validated in court, and it becomes “legal separation”. This type of separation is similar to divorce, but it prevents spouses from marrying again.
Depending on the circumstances, separation can lead to divorce. On the other hand, in some cases, spouses will decide to get back together and try to save their marriage.
Is a Separation Agreement Legal in Iowa?
Yes, a separation agreement is legal in Iowa. A separation agreement form can be created by spouses to outline their responsibilities and legal rights during the separation process.
Laws and Legal Requirements for a Marital Separation Agreement in Iowa
The laws and requirements for marital separation agreements in Iowa are there to give both parties guidelines in the separation process.
Section 598.5 of the Code of Iowa states that one spouse must file a petition for legal separation and include details about marriage, children, and terms of separation. Confirmation that the petitioner has been living in the state for the last year is also needed.
Section 598.28 of the Code of Iowa states that when filing for separation, the process is the same as in divorce cases. All rules and regulations apply to legal separation.
Signing Requirements for a Marital Separation Agreement in Iowa
Signing requirements for a marital separation agreement in Iowa are essential to the document's legality. According to Iowa state law, a separation agreement must be in writing and signed by both parties in order to be enforceable.
The notary public’s presence is not required, but it will give the document additional legal weight.
What Does a Marital Separation Agreement in Iowa Cover?
A marital separation agreement in Iowa covers a number of topics that a separation agreement template should contain. Some of them are important to bring in since they will be helpful later on in the divorce process. The following are among the most essential:
Marital Separation Agreement Coverage
Agreement regarding child custody and visitation arrangements
Division of marital property, real estate, vehicles, and personal belongings
Spousal support arrangement in case one spouse is financially dependent
Life and health insurance of the spouses
Consent for child travel if one of the spouses wishes to travel alone with the children
Division of debt if the couple has joint bank accounts or car loans
Agreement on how taxes are going to be filed during the separation period