When a husband or wife deserts the family, the other may prosecute or defend any action which either might have prosecuted or defended, and shall have the same powers and rights therein as either might have had.
Rule 1.209.Desertion of family
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.209 lets the abandoned spouse step into any action the deserting spouse could have prosecuted or defended, with the same powers and rights the deserting spouse would have had.
Full Text of Rule 1.209
Plain-English Summary
Rule 1.209 addresses what happens to litigation when one spouse deserts the family. The remaining spouse is not left without authority just because the deserting spouse would ordinarily control an action touching the family's affairs. Instead, the remaining spouse may prosecute or defend any action that either spouse might have prosecuted or defended.
The rule gives the remaining spouse the same powers and rights in that litigation that either spouse might have had. That means the deserted spouse is not limited to a lesser role; they can pursue or contest a case fully, standing in for the absent spouse's authority as well as their own.
Frequently Asked Questions
If my spouse deserts our family, can I still pursue a lawsuit that only my spouse would normally control?
Yes. Rule 1.209 lets the remaining spouse prosecute or defend any action either spouse might have prosecuted or defended, once the other has deserted the family.
What powers does the remaining spouse have in that kind of case?
The same powers and rights either spouse might have had, according to Rule 1.209 — the remaining spouse is not limited to a reduced role.
Does 'desertion' under this rule require a court finding first?
The rule's text does not spell out a separate procedure for establishing desertion; it applies when a husband or wife deserts the family, and any factual dispute about whether desertion occurred would be resolved as part of the case.
Can the remaining spouse both prosecute new claims and defend existing ones under this rule?
Yes. Rule 1.209 covers both prosecuting and defending any action either spouse might have prosecuted or defended.
Does this rule apply only to actions about family finances?
The rule is not limited that way; it covers any action which either spouse might have prosecuted or defended, without confining itself to a particular subject matter.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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