QUESTION
how do i get my husband to sign the divorce paper
Asked on Jul 15th, 2016 on Divorce - Iowa
More details to this question:
my husband walked out on me after 7 months of being married. we have a child together. he makes no effort in seeing her but does not want to sign the divorce until it says we have shared custody of her. i want sole custody and he can come see her when ever he wants i just dont want him to take her since she doesnt know him i dont want to put her thru that stress i never have denied him the chance in seeing her yet he comes to where we live and makes no attempt to see her. i will have been married for 2 years come august and out of those 2 years we were together 7. i just want him to sign. i didnt think it would be so hard since he was the one that left. he cheated on me thats why he left. i just want to have sole custody and i want to visitations to state he can not take her out of state since he lives in nebraska
1 ANSWER
From the information you provided, it does not appear that a judge would grant your husband's joint custody request. But, the judge will want a visitation schedule if you are awarded primary physical custody. Generally, every other weekend, half of the holidays, and summer/vacation visits will be the minimum he is awarded. You will also need to address transportation, since he lives in Nebraska.
Unfortunately, the fact that he left you is not usually considered, as Iowa is a "no fault" divorce state.
Because he is not going to agree, I recommend you at least consult with an attorney about strategy and the issues you want addressed in a decree. Some attorneys will help you on a limited basis, such as drafting the decree and negotiating with your husband.
Good luck to you,
Donna Miller
Grefe & Sidney, PLC
Des Moines, IA
Answered on Jul 18th, 2016 at 9:00 AM