Filing for Divorce in Iowa

Protect Your Rights in all Types of Divorce in Iowa

When your marriage comes to an end, you have to begin understanding divorce laws. In the state of Iowa, divorce laws use the formal term “dissolution of marriage,” which means the same thing as divorce.

Petition for Dissolution of Marriage

A person seeking a divorce must file a petition with the clerk of court office, and pay a filing fee. The petition must be served to the opposing party, an awkward process which Hope Law Firm handles for you. The opposing party then has a reasonable time to file an answer—usually 20 days.

Cost of Divorce in Iowa

The actual cost of a divorce in Iowa depends on the circumstances surrounding each individual case. However, in addition to lawyer fees, the following fees may be included:

Filing fee (to start the case) — $185

Final decree fee (at the end of the case) – $50

Court reporting fee for each hearing – $40

Certification of change of real estate title – $50

Equitable Distribution of Property

In Iowa, the court divides the marital property between the parties as it deems equitable and just, after setting aside any inherited property or gifts received individually.

Some of the factors the court considers in dividing the property are:

• The property brought to the marriage by each party.
• The financial contribution of each party to the marriage.
• The past contribution by one party to the education or increased earning power of the other.
• The present and future earning potential of each party.
• The physical and emotional health of the parties.
• The desirability of awarding the family home to the party with custody of the children.

Alimony Is Not Automatic

First, the court must decide if alimony—spousal support—is called for and then decide on the amount.

The court considers many of the same factors used to determine the distribution of property, as well as:

• Age of the spouses
• Education levels of each spouse
• Earning capacity of the party seeking maintenance
• Feasibility of the spouse seeking maintenance to become self-supporting

Iowa Divorce FAQs

What are the grounds for divorce in Iowa?

Iowa is a no-fault divorce state, meaning that you don't need to prove wrongdoing by either spouse to file for divorce. The only requirement is to demonstrate that the marriage has broken down and cannot be repaired. This approach allows couples to end their marriage without delving into personal grievances, making the process less adversarial.

How long does it take to get a divorce in Iowa?

The timeline for a divorce in Iowa can vary based on the complexity of the case and the level of agreement between the spouses. Iowa law imposes a mandatory 90-day waiting period from the time the petition is served to the finalization of the divorce. However, more complex cases involving disputes over assets, child custody, or other issues may take several months or even longer to resolve.

What is the process for filing for divorce in Iowa?

To file for divorce in Iowa, one spouse must file a petition for dissolution of marriage with the district court in the county where they live. The petition must be served on the other spouse, who then has a chance to respond. The case may involve negotiations over issues like property division, child custody, and spousal support. If the spouses can agree on these matters, the divorce can proceed smoothly. If not, the case may go to trial for the court to make decisions on the contested issues.

Can I modify a divorce decree in Iowa?

Yes, it is possible to modify a divorce decree in Iowa, particularly concerning child custody, child support, or spousal support. To modify a decree, you must show that there has been a significant change in circumstances since the original decree was issued. This could include changes in income, relocation, or changes in the needs of the child. The court will review the request to determine if a modification is warranted.

Do I need to live in Iowa to file for divorce here?

Yes, to file for divorce in Iowa, at least one of the spouses must have lived in the state for at least one year before filing. This residency requirement ensures that Iowa courts have jurisdiction over the case. However, if the other spouse lives in Iowa, the residency requirement may not apply.

Can we use mediation for our divorce in Iowa?

Yes, mediation is a common and encouraged method for resolving divorce disputes in Iowa. Mediation allows couples to negotiate and reach agreements on issues such as property division, child custody, and spousal support with the help of a neutral third party. This process can save time, reduce conflict, and lead to more amicable outcomes compared to going to court.

What happens if my spouse doesn’t respond to the divorce papers?

If your spouse does not respond to the divorce papers within the specified time frame, usually 20 days after being served, you may proceed with the divorce by default. This means the court can grant the divorce and make decisions on property division, custody, and support based on the information you provide without your spouse's input.