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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Iowa divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Where to file
Division of marital property
Child custody & support
Waiting period before the final decree is granted
No fault grounds: Irretrievable 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.
What is the difference between fault divorce and no-fault divorce?
In order for the court to accept the case the Petitioner must meet the residency requirements. The Petitioner must be a resident of the state for at least a year preceding the filing of the Petition.
(Iowa Code, Chapter 598.6)
The district court has original jurisdiction on divorce. Thus, the Petition for Dissolution of marriage shall be filed with the clerk of the district court in the county where either Petitioner or Respondent resides.
When your divorce is finalized you will receive a copy of the final decree.
The general rule is to hear the parties in an open court, but the court may enter a decree of dissolution without a hearing under either of the following circumstances:
- All of the following circumstances have been met:
- 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.
- All documents required by the court and by statute have been filed.
- The parties have entered into a written agreement settling all of the issues involved in the dissolution of marriage.
- There are no children of the marriage for whom support, as defined under section 598.1, may be ordered.
- The respondent has not entered a general or special appearance or filed a motion or pleading in the case, the waiting period provided under section 598.19 has expired, and all of the following circumstances have been met:
- The petitioner has 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.
- All documents required by the court and by statute have been filed.
- There are no children of the marriage for whom support may be ordered.
(Iowa Code, Chapter 598.8)
Iowa law favors Marital Settlement Agreements where parties settle their property issues.
If spouses can not reach an agreement then the court will divide marital property in equitable manner, taking into consideration the following circumstances:
- The length of the marriage;
- The property brought to the marriage by each party;
- The contribution of each party to the marriage, giving appropriate economic value to each party’s contribution in homemaking and child care services;
- The age and physical and emotional health of the parties;
- The contribution by one party to the education, training or increased earning power of the other;
- The earning capacity of each party;
- The desirability of awarding the family home or the right to live in the family home for a reasonable period to the party having custody of the children, or if the parties have joint legal custody, to the party having physical care of the children;
- The amount and duration of an order granting support payments to either party and whether the property division should be in lieu of such payments;
- Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests;
- The tax consequences to each party;
- Any written agreement made by the parties concerning property distribution;
- The provisions of an antenuptial agreement.
- Other factors the court may determine to be relevant in an individual case.
(Iowa Code, Chapter 598.21)
In a proceeding for dissolution of marriage or legal separation, the court shall order either or both parents to pay an amount reasonable or necessary for the child’s support, without regards to marital misconduct.
Among factors that the court will consider are:
- the financial resources of the child; the financial resources of the parents;
- the standard of living that the child would have enjoyed had the marriage not been dissolved;
- the physical and emotional condition of the child and the child's educational and medical needs;
- the age of the child;
- the cost of day care for the child;
- any parenting plan that is ordered or decided upon;
- and the needs of any person, other than the child, whom either parent is legally obligated to support.
The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.
(Iowa Code, Chapter 598.41)
But, if the court finds that a history of domestic abuse exists, a rebuttable presumption against the awarding of joint custody exists.
In considering what custody arrangement under subsection 2 is in the best interest of the minor child, the court shall consider the following factors:
- Whether each parent would be a suitable custodian for the child.
- Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents.
- Whether the parents can communicate with each other regarding the child's needs.
- Whether both parents have actively cared for the child before and since the separation.
- Whether each parent can support the other parent's relationship with the child.
- Whether the custody arrangement is in accord with the child's wishes or whether the child has strong opposition, taking into consideration the child's age and maturity.
- Whether one or both the parents agree or are opposed to joint custody.
- The geographic proximity of the parents.
- Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation.
- Whether a history of domestic abuse exists.
(Iowa Code, Chapter 598.41)
No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after conciliation is completed, whichever period shall be longer.
However, the court may in its discretion, on written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the substantive rights or interests of any party or person who might be affected by the decree, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that requirements of notice have been complied with.
In such case the grounds of emergency or necessity and the facts with respect thereto shall be recited in the decree unless otherwise ordered by the court. The court may enter an order finding the respondent in default and waiving conciliation when the respondent has failed to file an appearance within the time set forth in the original notice. (Iowa Code, Chapter 598.19)
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