Iowa Divorce Laws
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The following is a summary of Iowa divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Iowa Code and/or consult with an attorney about how the law might apply to your particular situation.

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.

 

Waiting Period Before Divorce is Finalized in Iowa.
You must wait at least 90 days from the date your spouse accepts service, 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.

-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 to "educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding". 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 45 days of the service of original notice or application for modification of an order.

-From Section 598.15 of the Iowa Code

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Iowa Divorce Page:
General Iowa Divorce Laws
Iowa Alimony Laws
Iowa Child Custody Laws
Iowa Child Support Laws
Iowa Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Iowa statutes. You can find the full-text version of these and other Iowa divorce statutes online here: Iowa Divorce Laws.