Iowa recently changed its laws regarding annulment i.e. making it so that legally the marriage never happened. Now if you have been married for a short amount of time and want to get a divorce you still have to get a divorce or what is now called dissolution of marriage. In the case of a “mistake” marriage the court will not try to use its usual standard i.e. a fair distribution of assets, but rather it will try to put the parties back in the place they were the day before the marriage. There are still some instances when a marriage is going to be undone as a matter of law. Some cause will make the marriage automatically void and some void able. Here are some examples… incest or other illegal marriage-void; impotent at time of marriage- void able; bigamy-void; lack of mental capacity to contract-void able; fraud or duress-void able. Even when these are present a petition for dissolution of marriage must be filed. Reference: Iowa Code § 598.29 (1999)
Author: Iowa Concern Attorney
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