Monday, August 27, 2007

90 Days and Counting....

Did you know that Iowa has a 90-day waiting period before you can get divorced? This is minimal in comparison to other states some which require 6 months to a year before a divorce can be finalized.

Chapter 598 of the Iowa Code sets forth the divorce code provisions for the state of Iowa. Like most statutory sections, exceptions exist allowing a Court to waive the 90-day waiting period for "good cause" which is mostly undefined. Some Iowa counties are more lenient when applying this divorce provision while others take a hard-look approach.

Whether the 90-day provision can be waived depends on the facts of your divorce and the jurisdiction where the petition is filed.

Friday, August 10, 2007

New Zealand Prohibits Smacking

A controversial law banning parents from smacking their children has been passed by the New Zealand parliament. Prior to the new law, parents could use "reasonable force" to discipline their child. However, the new bill provides police with ample discretion over whether to prosecute offending parents.

Proponents of the bill believe it closes a loophole in child abuse cases where parents claim abusive disciplinary practices were "reasonable" and not illegal. Opponents claim that it will criminalize parents who are simply trying to control their children.

I am not aware of any law in Iowa that specifically prohibits physical punishment; however, if the discipline goes beyond the bounds of decency, or reasonableness, the Department of Human Services has jurisdiction to investigate the same and has the subsequent power to remove children from abusive homes. Of course, if the punishment causes intentional injury you may be looking at a child endangerment or other similar charge.