Iowa Divorce Laws
What to Expect When Help Yourself Divorce Prepares Your No Fault Iowa Divorce.

Grounds for Divorce in Iowa.
Iowa is a "no-fault" divorce state. They do not have fault-based grounds, such as adultery, in their statutes. Divorces in Iowa are granted on the ground that "there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved."

-From Section 598.17 of the Iowa Code

 

Iowa Residency Laws.
You can file for divorce in Iowa if both spouses reside in the state of Iowa, or if only the petitioner resides in the state of Iowa but has resided there for at least one year, in good faith and not for the purpose of obtaining a dissolution of marriage only. Venue shall be in the county where either party resides.

-From Sections 598.2 and 598.5 of the Iowa Code

 

Filing Your Divorce in Iowa.
After you file the papers with the court, you will need to serve your spouse. In uncontested divorces, this is done by mailing or hand-delivering a copy of the papers to your spouse. Your spouse will sign a form stating that he or she has received the papers. If you decide to use Help Yourself Divorce to assist you with your divorce, this is the process that will be used.

 

Waiting Period Before Divorce is Finalized in Iowa.
After the Acceptance of Service is filed with the court, you must wait at least 90 days before your divorce can be finalized.

-From Section 598.19 of the Iowa Code.

 

Finalizing Your Divorce in Iowa.
Iowa law has a provision that allows the court to enter the divorce decree without a hearing when all of the following circumstances have been met:

(1) The parties have certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
(2) All documents required by the court and by statute have been filed.
(3) The parties have entered into a written agreement settling all of the issues involved in the dissolution of marriage.

Because we are an uncontested divorce service, the only type of divorces we handle are those that meet the above requirements. Therefore, a hearing should not be required in your case.

-From Section 598.8 of the Iowa Code.

Learn more about the divorce procedure.

 

Additional Information.
Either party to a marriage may request as a part of the decree of dissolution a change in the person's name to either the name appearing on the person's birth certificate or to the name the person had immediately prior to the marriage.

-From Section 598.37 of the Iowa Code

 

Iowa law requires that parties to any action which involves the issues of child custody or visitation must attend a court-approved course about the affects of divorce on children. In all judicial districts, there are courses such as "Children in the Middle" or "Children Cope with Divorce". These classes are designed to help minimize the negative impact of divorce on children and educate parents about the needs of children whose parents are divorcing. Parents are required to attend within forty-five days of the service of original notice or application for modification of an order.

-From the Iowa Courts

 

 

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IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Seek help from an attorney if you need legal advice.