Pasley and Singer Law Firm, L.L.P.


Serving Story County and Central Iowa since 1906

323 6th St.
Ames, IA 50010-0664
USA
 

Phone: (515) 232-4732
 

FAMILY LAW :: Back to Practice Areas

I. General Information about Family Law
II. Marriage
     A. Traditional
     B. Common Law
III. Premarital/Prenuptial Agreement
IV. Divorce
     A. Grounds
     B. Fault or No-Fault
     C. Annulment
     D. Alienation of Affection
V. Alimony, Spousal Support and Maintenance
VI. Division of Property
     A. Community Property
     B. Equitable Distribution
VII. Adoption
     A. Public adoption
     B. Private adoption
     C. Transracial adoption
     D. Intra-national and International adoption
     E. Single parent adoption
     F. Summary of Adoption procedure
VIII. Child Custody and Visitation
IX. Child Support
X. Conclusion
Frequently Asked Questions


Division of Property

Division of property between spouses is a difficult issue to resolve during a divorce. There are two different systems in place that each state uses for property division: Community Property or Equitable Distribution. No matter which system is used, each state has its own guidelines for dividing marital property. You should seek legal advice from one of our experienced attorneys as this is a complicated area of family law.

Community Property

Community property is a system of property division in which all property is divided equally, regardless of whose name it is in, that was acquired during the duration of the marriage, not including inheritances and gifts in some jurisdictions.

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New
Mexico, Texas, Washington and Wisconsin. In these states, property that was acquired prior to the marriage stays with the party who acquired it. Although some community property states permit equitable distribution where justice is served, rules vary state to state and are filled with exceptions.

Equitable Distribution

In equitable distribution states, all property, whenever or however acquired, regardless of legal title, is subject to equal or unequal division. “Equitable” does not mean equal. Courts strive for a fair division between the parties and take into consideration several factors to make that determination.

There are 16 states in which all property of either spouse is subject to distribution on divorce, in the discretion of the court. These states include:

• Alaska • Massachusetts • New Hampshire • Utah
• Delaware • Michigan • North Dakota • Vermont
• Hawaii • Mississippi • Oregon • Washington
• Kansas • Montana • South Dakota • Wyoming

Back to Top || Previous || Next

spacer

DISCLAIMER: The information provided here is a public service and solely for informational and reference purposes. No legal service or advice is hereby provided. No attorney-client relationship is hereby created. This website may contain information addressing certain tax issues; however, it is not intended to constitute a reliance opinion as described in IRS Circular 230; therefore, it cannot be relied upon to avoid any tax penalties. The information provided here is without warranty of any kind whatsoever. Use at your own risk. No endorsement, warranty, or claim is made with respect to the works of others whose work may be referenced. Please seek the advice of an attorney for all legal matters.

Pasley and Singer Law Firm, L.L.P., is an Iowa general practice law firm with practice including, but not limited to  Administrative Law, Adoption Law, Agricultural Law, Alternative Dispute Resolution, Banking Law, Business Law (including business organization, partnerships, limited liability companies (LLCs), incorporations, and sales of businesses and business assets), Civil Rights, Commercial Law, Construction Law, Corporate Law, Criminal Defense, Elder Law, Employment Law, Family Law (including divorce, prenuptial agreements, child support, child custody, dissolution modification), Government, Government Contracts, Litigation, Personal Injury (including Motor Vehicle Accidents and Wrongful Death), Product Liability, Professional Negligence Law, Real Estate (including mortgage loan closings, IRC Section 1031 exchanges, subdivisions, platting, condominiums, and cooperative housing), Municipal Law, Taxation Law and Tax Preparation, Wills, Trusts, Estate Planning & Probate Law (including financial and medical powers of attorney, guardianships and conservatorships, trust administration, and estate administration), Workers Compensation, Zoning, Planning & Land Use

The offices of the Pasley and Singer Law Firm, L.L.P., are located in Ames, Iowa. The lawyers and staff of the Pasley and Singer Law Firm, L.L.P., serve clients throughout Iowa, including the cities of Ames, Nevada, Gilbert, Huxley, Slater, Zearing, Story City, Roland, McCallsburg, Colo, Cambridge, Sheldahl, Des Moines, Cedar Rapids, Fort Dodge, Waterloo, Marshalltown, Boone, Webster City, Eldora, Grundy Center, Newton, Adel, Eldora, Ankeny, Johnston, Indianola, Cedar Falls, Jefferson, Marshalltown, Clarion, Knoxville, and the communities that make up Story, Polk, Linn, Webster, Blackhawk, Marshall, Boone, Hamilton, Jasper, Dallas, Hardin, Warren, Greene, Wright, and Marion counties.