Iowa Code

Iowa Code § 597.10 (2026)

Abandonment of either — proceedings

✓ current as of July 2026

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In case the husband or wife abandons the other for one year, or leaves the state and is absent therefrom for such term, without providing for the maintenance and support of the family, or is confined in jail or the penitentiary for such period, the district court of the county where the abandoned party resides may, on application by petition setting forth the facts, authorize the applicant to manage, control, sell, and encumber the property of the guilty party for the support and maintenance of the family and for the purpose of paying debts. Notice of such proceedings shall be given as in ordinary actions, and anything done under or by virtue of the order or decree of the court shall be valid to the same extent as if the same was done by the party owning the property. [C51, §1456 – 1459, 1461; R60, §2508 – 2511, 2513; C73, §2207; C97, §3158; C24, 27, 31, 35, 39, §10455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.10] Referred to in §597.11, 597.13, 600.4 Service of notice, R.C.P. 1.302 – 1.315\n\nTue Dec 09 22:00:07 2025 Iowa Code 2026, Chapter 597 (19, 0) 3 HUSBAND AND WIFE, §597.17

Notes of Decisions

Cited in 3 cases, 2014–2018 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).

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Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “§ 597.10 (providing if either spouse abandons the other, the abandoned spouse may dispose of the abandoning spouse's property for support and maintenance); In re Marriage of Probasco , 676 N.”

Karen Burkhart v. Iowa Dep't of Human Servs. (Iowa Ct. App. 2014). · cites it 2× “Has been separated from the other spouse by reason of the other spouse's abandonment as prescribed in section 597.10; or c. Is unable to petition with the other spouse because of the prolonged and unexplained absence, unavailability, or incapacity of the other spouse, or because…”

Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “§ 597.10 (providing if either spouse abandons the other, the abandoned spouse may dispose of the abandoning spouse's property for support and maintenance); In re Marriage of Probasco, , 184 (Iowa 2004) ("Alimony `is a stipend to a spouse in lieu of the other spouse's legal…”

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